UNITED INDIA INSURANCE CO LTD Vs. KASIAMMAL

JUDGEMENT

(1.) THE Insurance Company has filed this appeal against the award of the Motor Accident Claims Tribunal, Kallakurichi dated 6. 12. 96 in mcop. 395 of 1996.

(2.) THE respondents 1 to 4 herein filed the said claim petition, claiming a compensation of Rs. l lakh for the death of one Muthammal. THE deceased is the mother of the claimants. She died on 3. 7. 92 at 11. 30 a. m. in a road accident,since the tempo bearing Registration No. TCF 4437 driven in a rash and negligent manner dashed against the deceased. It is the case of the claimants that the accident occurred due to the rash and negligent driving of the tempo by the driver and hence the insurance company is liable to pay the compensation.

(3.) THOUGH in the memorandum of grounds in this appeal this plea has been taken and the counsel has also advanced argument, a perusal of the counter filed by the appellant before the Tribunal as well as the perusal of the award of the Tribunal reveals that this issue has not been raised before the Tribunal. But, however, since the liability of the Insurance company as well as the entitlement of the compensation by the married children of the deceased arises, I thought it is better to give a finding on this issue and hence allowed the counsel for the appellant to raise the plea.