V G NATARAJAN Vs. SINGARAVELU

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the Insurance Company against the judgment and decree dated 06. 04. 1999 made in MACT. OP No. 1138/95 on the file of the Motor Accidents Claims Tribunal (III Additional District Judge), Krishnagiri.

(2.) BACKGROUND facts in a nutshell are as follows:-On 14. 02. 1995 at about 4. 30 p. m. , the deceased Subhakaran was travelling as a passenger accompanying goods. When the vehicle was nearing Sevanthampatti Vilakan, within the limits of Thuvarankuruchi Police Station near Manaparai, Trichy District, a lorry bearing Registration No. TNB 4051 came at high speed in a rash and negligent manner and went out of control and ran over on the five goats and turned turtle. Due to the accident, the deceased sustained fatal injuries and died on the spot. The claimants are the mother, brothers, mother's sister and grandmother of the deceased. They claimed a compensation of Rs. 18,20,000/- but restricted the claim to Rs. 9,00,000/-before the Tribunal. The Insurance Company resisted the claim. On pleadings, the Tribunal framed the following issues:-a) Whether the accident had occurred due to the rash and negligent driving of the lorry driver or not? b) Whether the claimants are entitled to get any compensation or not? If so, what is the amount payable and from whom? after considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the lorry driver and awarded a compensation of Rs. 2,64,000/- with interest at 9% p. a. from the date of petition. The details of the compensation are as under:- <FRM>JUDGEMENT_219_TLMAD0_2008Html1.htm</FRM> Aggrieved by the order, the Insurance Company has filed the present appeal.

(3.) LEARNED counsel appearing for the Insurance Company questioned only the quantum of compensation awarded by the Tribunal and stated that it is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.