LAWS(MAD)-2016-3-404

NATIONAL INSURANCE CO LTD Vs. AANANDHANAYAKI; MINIOR HARIVICKRAM; MINIOR HARIRITHANYA; PONNUSAMY; RAMASAMY; JOTHI BUS TRANSPORTS

Decided On March 31, 2016
NATIONAL INSURANCE CO LTD Appellant
V/S
Aanandhanayaki; Minior Harivickram; Minior Haririthanya; Ponnusamy; Ramasamy; Jothi Bus Transports Respondents

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents and perused the materials placed before this Court.

(2.) The appellant/Insurance Company has filed the appeal challenging the Award dated 07.04.2014 passed by the Motor Accident Claims Tribunal Cum Sub-Ordinate Court, Tirupur, made in M.C.O.P.No.957 of 2011

(3.) It is a case of fatal accident. On 28.06.2011 at about 12 noon, when the deceased Subramaniyan was riding the two wheeler bearing Registration No.TN-42-0817 at the left extremity of the road, a bus bearing Registration No.TN-47-U-2100 came in a rash and negligent manner dashed the deceased, as a result the deceased sustained injuries and died due to the said injuries. Hence, the claimants, who are wife 37 years, minor son aged 16 years, minor daughter aged 11 years and father, aged 64 years respectively have filed claim petition claiming a sum of Rs.40,00,000/- as compensation. According to the claimants, on the date of accident, the deceased was aged about 40 years and he was doing real estate, agriculture and finance business and was earning a sum of Rs.30,000/- per month.