BRANCH MANAGER NATIONAL INSURANCE COLTD Vs. KRISHNAMMAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the award dated 13th January, 2004, passed by the Motor Accident claims Tribunal, Principal District Court, virudhunagar at Srivilliputhur in M. C. O. P. No. 267 of 2001, directing payment of a sum of Rs. 2,38,000/- together with an interest at the rate of 9% from the date of claim till realisation and cost for the death of one Krishnan, the husband of the first claimant and the father of the other claimants, in an accident alleged to have taken place on 24th May, 2001.

(2.) THE brief facts leading to the filing of the appeal can be briefly stated thus: one Krishnan of Thambipatti Village met with an accident on 24th May, 2001, at about 2. 30 p. m. near Pillaiyar Kovil in between Thambipatti and Mavooth, srivilliputhur Taluk, Virudhunagar district, while he was proceeding, towards Mavooth from Thambipatti accompanied by his brother Ramar. While they were proceeding from north to south, the tractor belonging to the sixth respondent herein which came from east and turned towards north hit the deceased Krishnan, causing grievous injuries all over the body. Immediately after the accident, the aid krishnan was taken to the Government hospital, Watrap, where he succumbed to the injuries shortly after admission. The respondents 1 to 5 herein / claimants, who are the wife and children of the deceased, claiming to be his legal representatives and dependants and contending that the accident took place due to the rash and negligent driving of the abovesaid tractor by bearing registration No. TNN-3169 by its driver and that the tractor stood insured with the appellant herein/second respondent in M. C. O. P. during the relevant "time, had filed the abovesaid M. C. O. P. claiming a sum of Rs. 3,00,000/-as compensation from the sixth respondent herein and the appellant herein, as the owner and alleged insurer of the vehicle alongwith future interest and costs. In order to substantiate their claim, the claimants examined two witnesses as P. Ws. 1 and 2 and relied on four documents marked as Exhibits p-1 to P-4.

(3.) THE sixth respondent herein / first respondent before the Tribunal, the owner of the offending vehicle did not contest the claim and chose to remain ex-parte before the Tribunal.