ORIENTAL INSURANCE CO LTD Vs. VIJAYA

JUDGEMENT

(1.) At the time of hearing the miscellaneous petition C.M.P. No. 8699 of 2005, on request of the learned counsel for the parties, the main appeal itself is taken up for disposal.

(2.) The appeal has been filed by Oriental Insurance Co. Ltd., Namakkal Town, Namakkal District, respondent No. 2 before the Tribunal, challenging the award dated 23.2.2004 passed in M.C.O.P. No. 335 of 1998 on the file of the Motor Accidents Claims Tribunal (Principal District Court), Dharmapuri, granting Rs. 3,05,200 as compensation with interest at 9 per cent.

(3.) It is the case of fatal accident. The brief facts of the case of the respondent Nos. 1 to 4-claimants are that on 4.2.1998 at 6.30 p.m. the deceased Kasi was asked by one R. Govindaraj, son of Raju Naidu, to load 10 bags of paddy in Tempo van bearing registration No. TN 09-C 9113 belonging to the respondent No. 5 herein and insured with the appellant, respondent No. 2 before the Tribunal and to accompany him to unload the same at Olapatti. Accordingly the deceased Kasi after completing the work was returning in Tempo van bearing registration No. TN 09-C 9113 along with one R. Govindaraj and another K. Govindaraj, son of Kannu Naidu and proceeding to Singarapettai. When Tempo van was near- ing Kondampatti Branch Road, Tempo van collided with a tractor bearing registration No. TDA 9196, which according to the claimants, was stationed in the middle of the road due to breakdown. Tempo van capsized and the deceased Kasi was caught under the capsized Tempo van. Due to this accident, the deceased sustained head and other injuries. The deceased while he was taken to Government Hospital, Uthangarai, died. At the time of the accident, the age of the deceased Kasi was 35 years. He was working as an agricultural labourer earning Rs. 3,000 per month. Consequent to the fatal accident as above, the claimants, viz., wife, son and daughters of the deceased Kasi, filed the claim petition for a sum of Rs. 4,10,000 under section 166 of Motor Vehicles Act.