ORIENTAL INSURANCE COMPANY LIMITED Vs. MUNUASWAMY

JUDGEMENT

(1.) BEING aggrieved by the award dated 29. 07. 1997 made in m. C. O. P. No. 423 of 1995 on the file of the Motor Accidents Claims Tribunal, Sub judge, Tiruvannamalai, the insurer has filed the above appeal.

(2.) THE parents of the deceased Muniammal who died in a motor accident that took place on 03. 06. 1995 while travelling in the lorry bearing Registration No. TNU 3942, filed M. C. O. P. No. 423 of 1995 claiming a compensation of Rs. 1,00,000/- (Rupees one lakh only) and the Tribunal though found the claimant to be entitled to get a sum of Rs. 1,64,500/- as compensation, restricted the same only to a sum of Rs. 1,00,000/- in view of the claim made by the claimants and accordingly awarded a sum of Rs. 1,00,000/- as compensation.

(3.) PER contra, learned counsel for the appellant relied upon the following decisions namely, 1. 2006 ACJ 144 (New India Assurance Co. Ltd. Vs shanthalakshmi and others) 2. 2005 volume-II ACJ (National Insurance Co. Ltd. Vs bommithi Subbhayamma and others) 3. 2006 AIR SCW 3227 (National Insurance Co. Ltd. , Vs swaroopa and others) and submitted that the Apex Court itself in the above said decisions has not directed the insurer to pay the amount to the claimants, but had directed the claimants to recover the compensation amount from the owner of the vehicle and therefore, in this case also, the claimants would be permitted to recover the compensation amount only from the owner of the lorry.