THE UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS ASSISTANT MANAGER, REGIONAL OFFICE, MADURAI Vs. F. ROSAMMAL AND OTHERS

JUDGEMENT

(1.) The appellant/Insurance Company has preferred this appeal challenging the award passed by the Tribunal M.C.O.P. No.57 of 1998, dated 02.08.2004 on the ground of liability and quantum.

(2.) The claimants 1 to 8 have filed cross-objection to modify the judgement and decree passed in M.C.O.P. No.57 of 1998, dated 02.08.2004, on the file of the Motor Accident Claims Tribunal(Principal Subordinate Judge), Padmanabhapuram.

(3.) According to the appellant that the respondents 1 to 8 are claimants-wife and children of deceased Francis, who died in the motor accident that took place on 31.12.1998. The deceased is a contractor, aged about 54 years old. The first respondent is the wife, second respondent is the son(unemployed), respondents 3 and 4 are married daughters and respondents 6 to 8 are unmarried and there are six dependants. The respondents 1 to 8 filed a claim petition in M.C.O.P. No.57 of 1998 before the Motor Accident Claims Tribunal, Padmanabhapuram, claiming compensation of Rs. 20,05,980/-.As per the claim petition, the deceased is a contractor earning a sum of Rs. 40,000/- per year. The appellant is the third respondent in the claim petition, United India Insurance Company Limited. The first respondent in the claim petition, 9th respondent herein is the owner of the lorry bearing Registration No.TN 37-3705. The 10th respondent is the driver of Tahsildar, who drove the vehicle at the time of accident, who is the second respondent in the claim petition. Ex.P1 to P6 were marked to show that the accident had occurred due to negligence of the 10th respondent. Ex.P7 to Ex.P12 were marked out of which Ex.P12 is the letter written by the Executive Engineer to the effect that the deceased is a P.W.D Contractor.