NEW INDIA ASSURANCE COMPANY LIMITED Vs. ANDIYAPPAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the appellant/second respondent, m/s. New India Assurance Company Limited represented by the Divisional Manager, palayamkottai, as against the award of the motor Accident Claims Tribunal -1 Additional district Court, Tirunelveli, dated 16. 03. 2004, passed in M. C. O. P. No. 1024of 2003, awarding a compensation of Rs. 4,12,600/- (Rupees fourlakhs Twelve Thousand and Six Hundred only) along with interest at 9% p. a from the date of filing of the petition till date of payment and directing the appellant/second respondent insurance Company and the third respondent/ first respondent (owner of the vehicle), to pay the same jointly and severally.

(2.) DISSATISFIED with the award passed by the Tribunal, the appellant/second respondent has projected the present appeal before this Court.

(3.) THE respondents 1 and 2/claimants being the parents of the deceased Avudaiappan @ Kumar have preferred a claim petition in m. C. O. P. N0. 1024 of 2003 on the file of the motor Accident Claims Tribunal -I Additional district Court, Tirunelveli, claiming a total compensation of Rs. 15,46,800/- (Rupees fifteen Lakhs Forty Six Thousand and Eight hundred only) and has restricted the same to rs. 10,00,000/- (Rupees Ten Lakhs only ).