NATIONAL INSURANCE CO. LTD. Vs. CHOKKALINGAM AND ORS.

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents/claimants.

(2.) The appellant/insurer of the vehicle has filed the appeal challenging the Award dated 24.06.2008 passed by the Motor Accident Claims Tribunal (Principal District Judge), Namakkal, made in M.C.O.P. No. 1291 of 2002.

(3.) It is a case of fatal accident. On 09.06.2002, at about 6.30. a.m. while the deceased Om Prakash was riding his TVS Suzuki Motor Cylce bearing Registration No. TN 34 A 1118, along with his brother Vilwaraj, at Kumaramangalam to Thiruchengode Main Road, near Andikkadu Diversion Road, a Tipper Lorry bearing Registration No. TN 53 U 1029 came in a rash and negligent manner and dashed against the motor cycle of the deceased, as a result, the deceased was thrown out and sustained multiple injures. Immediately, the deceased was taken to the Government Hospital at Tiruchengode and thereafter to C.K. Hospital at Erode and again to K.G. Hospital, Coimbatore, where he died on 25.6.2002. Hence, the claimants, who are father, aged 50 years, mother, 44 years and sister, aged 25 years of the deceased, have filed claim petition claiming a sum of Rs. 45,00,000/ - as compensation. According to the claimants, the deceased Om Prakash was a leading agent in United India Insurance Company Limited and also owner of one Export Tailoring Unit in Kumarapalayam and was earning a sum of Rs. 35,000/ - per month.