LAWS(MAD)-2017-10-83

ORIENTAL INSURANCE CO. LTD. Vs. D. NALAYII DEVI

Decided On October 30, 2017
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
D. Nalayii Devi Respondents

JUDGEMENT

(1.) This appeal is directed against the award passed by the Motor Accident Claims Tribunal (6th Additional District Judge), Madurai, in MCOP No. 1365 of 2009, dtd. 20/4/2015.

(2.) The wife and the children of the deceased Dhanapandi approached the tribunal claiming compensation of Rs.70,00,000.00 on the ground that the deceased died due to the negligence of the driver of the mini bus bearing registration No. TN-59-AC-6768, owned by the 2nd respondent and insured with the appellant Insurance Company.

(3.) The case of the claimants is that on 31/7/2006, the deceased Dhanapandi was riding his Bajaj Boxer motor cycle bearing registration No. TN-65-A-8262 on Melur Main Road near Uthangudi and at that time, a mini bus bearing registration No. TN-59-AC-6768 came in a high speed and hit against the deceased. It is further stated that the deceased was working as Branch Manager in the State Bank of India, Othakadi Branch and he was drawing a sum of Rs.24,366.00 per month at the time of accident.