ORIENTAL INSURANCE COMPANY LIMITED Vs. ANGAMMAL

JUDGEMENT

(1.) SECOND respondent is the appellant.

(2.) THE first petitioner is the mother, the second petitioner is the wife and petitioners 3 and 4 are the children of the deceased Perumal who, on 21. 5. 1983 was knocked down by a car bearing registration No. TNE. 6323 owned by the first respondent and insured with the second respondent which came in a rash and negligent manner. THE deceased sustained head and bodily injuries and was taken to Pallapatti Government Hospital where the doctors advised him to be removed to Government Hospital , Madurai. On his way to Madurai , he has succumbed to the injuries. A case under Sec. 304-A of the Indian Penal code is pending against the first respondent. THE deceased was an agriculturist owning more than 15 acres of nanja lands with well and motor pumpset. He owned a house and big hoard of cattle. His average income from the agricultural produce and raising cattle would be about Rs. 24 ,000 per annum. THE petitioners are dependents of the deceased for everything. On account of the death of the deceased, the petitioners have lost the financial help and the second petitioner has lost her marital life and there is none to look after the petitioners 3 and 4 who are minors. THE petitioners therefore make a claim for a sum of Rs. 1 ,00,000 as compensation.

(3.) IN the result, the appeal is allowed setting aside the direction given by the Motor Accidents Claims Tribunal, Karu r directing the second respondent to deposit the compensation along with the first respondent jointly and severally with interest at 9% per annum into one of the direction given to the first respondent alone to deposit the compensation awarded to be deposited with interest at 12% per annum from the date of petition till the date of deposit. IN other respects, the appeal is dismissed. No costs. .