NATIONAL INSURANCE COMPANY LIMITED Vs. SHANTHI PANDIAN

JUDGEMENT

(1.) THIS appeal is preferred by the Insurance Company against the award dated 19.01.2007 made in MCOP No.4939 of 2003 on the file of the V Judge, Small Causes Court, Chennai.

(2.) BACKGROUND facts in a nutshell are as follows: <DJG>On 19.03.2003 at about 4.30 p.m., the deceased Pandian was proceeding in his Kinetic Honda Scooter bearing registration No.TSJ 2505 on Pondicherry-Cuddalore Main road. At that time, the driver of the container lorry, bearing registration No.PY-01-B-3872, drove the vehicle in a rash and negligent manner and dashed against the deceased, as a result of which, the deceased sustained head injury and died on the spot. The claimants are the wife, daughter and son of the deceased. They claimed a sum of Rs.22,38,000/- as compensation, but restricted their claim to Rs.20,00,000/- before the Tribunal. The appellant-Insurance company resisted the claim. On pleadings, the Tribunal framed the following issues:- "1. Whether the accident had occurred due to the rash and negligent driving of the driver of the lorry bearing regn. No.PY-01-B-3872" 2. What is the compensation the claimants are entitled to" If so, what is the amount 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 driver of the container lorry and awarded a compensation of Rs.17,83,300/- with 7.5% interest per annum from the date of petition and the details of the same are as under:- Pecuniary loss Rs. 17,46,300/- Transport charges Rs. 5,000/- Damage to clothing and articles Rs. 2,000/- Funeral expenses Rs. 5,000/- Loss to estate Rs. 5,000/- Loss of consortium Rs. 10,000/- Loss of love and affection Rs. 10,000/- ---------------- Total... Rs. 17,83,300/- ----------------- Aggrieved by that order, the Insurance Company has filed the present appeal.</DJG>

(3.) HEARD the counsel. On the side of the claimants, P.Ws.1 to 3 were examined and documents Exs.P1 to P12 were marked. On the side of the appellant-Insurance Company, no witness was examined and no document was marked to support their claim. P.W.1-Shanthi Pandian is the wife of the deceased Pandian. PW2 is one Nagaraj, who is an eye witness to the occurrence. PW3 is one Nagarajan, who is the Senior Manager of Indian Bank, Main Branch, Pondicherry. Ex.P1 is the copy of the First Information Report. Ex.P2 is the copy of the rough sketch. Ex.P3 is the copy of the post-mortem certificate. Ex.P4 is the accident report. Ex.P5 is the copy of the judgment. Ex.P6 is the salary certificate. Ex.P7 is the death certificate. Ex.P8 is the legal heir certificate. Ex.P9 is the copy of the PAN Card. Ex.P10 is the salary details. Ex.P11 is the extract of the service sheet. Ex.P12 is the authorisation letter. P.W.2, who is an eye witness to the accident, has deposed that a container lorry, which came from behind, dashed against the two wheeler and hence, the driver of the lorry was responsible for the accident. After considering the above said evidence and Exs.P1-First Information Report and Ex.P2-Rough Sketch, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the container lorry and that the finding is based on valid materials and evidence.