ORIENTAL INSURANCE COMPANY LIMITED Vs. BHANUMATHI

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Award of the Tribunal dated 12.11.2001 made in M.C.O.P.No.1104 of 1999 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Tiruppur.

(2.) RESPONDENTS 1 to 3 herein preferred the claim before the Tribunal against the appellant and the fourth respondent herein in their capacities as the insurer and owner of the lorry bearing Registration No.TMS 9838 for the death of Ponnuswamy, the husband of the first respondent and father of the respondents 2 and 3, who died in the road accident that took place at about 20.30 hours on 21.11.1998 near Puthukannu on the Angeripalayam to Chettipalayam Road within the territorial jurisdiction of the Anupparpalayam Police Station. Contending that he was hit by the lorry bearing Registration No.TMX 9838 belonging to the fourth respondent herein which stood insured with the appellant herein and that the driver of the said lorry drove it in a rash and negligent manner and caused the accident, respondents 1 to 3 had claimed a sum of Rs.5,00,000/- as compensation from the fourth respondent herein and appellant herein.

(3.) AFTER considering the evidence in the light of the arguments advanced on either side, the Tribunal came to the conclusion that the vehicle bearing Registration No.TMX 9838 belonging to the fourth respondent herein was the one that caused the accident and that the driver of the said vehicle was at fault. As it was not denied, but admitted that the said vehicle stood insured with the appellant/second respondent as on the date of accident and also on the basis of the policy copy produced on the side of the appellant/second respondent and marked as Ex.B.1, the Tribunal held that the fourth respondent as owner of the offending vehicle and the appellant herein as the insurer of the offending vehicle were jointly and severally liable to pay compensation to the respondents 1 to 3/petitioners, the dependents of the deceased. The Tribunal also rejected the contention of the appellant herein/second respondent that there was a collusion between the claimants and the fourth respondent (owner of the alleged offending vehicle) and that such a fraud had been played upon the appellant/second respondent in making the claim against the fourth respondent and the appellant. The Tribunal held that the deceased was aged 40 years at the time of his death, assessed his monthly income at Rs.3,500/- (annual income Rs.42,000/-), deducted one third from the same, applied 16 as the appropriate multiplier and awarded a total sum of Rs.4,25,000/- as compensation which amount was directed to be paid along with an interest at the rate of 9% per annum from the date of petition till realization and with proportionate costs. 5. Aggrieved by and challenging the said award, the appellant Insurance Company has brought forth this appeal on various grounds set out in the memorandum of appeal.