NATIONAL INSURANCE CO LTD Vs. MOZHI ARASI

JUDGEMENT

(1.) THIS appeal is preferred by the Insurance Company against the order of the Tribunal dated 13.3.2006 in M.A.C.T.O.P.No.682 of 2004, challenging the award of Rs.24,44,530/-.

(2.) IT is seen from the order of the Tribunal that the accident occurred on 20.11.2003 at 5.45 a.m. resulting in the death of one Annamalai. The claimants were the wife, children and the parent of the deceased. They made a petition claiming compensation for a sum of Rs.30 lakhs. Based on the evidence adduced by the deceased himself just a few hours before his death, marked as Ex.A1, the Tribunal came to the conclusion that the accident was caused by the rash and negligent driving of the driver of the vehicle belonging to the fourth respondent herein, insured with the appellant herein.

(3.) AGGRIEVED of this, the Insurance Company has come on appeal, contending that the accident was a head-on collision. Quite apart from this, the appellant also contended that fixing the income at Rs.15,000/- per month is contrary to Ex.A21.