NATIONAL INSURANCE CO LTD Vs. K AMPUJAM

JUDGEMENT

(1.) THE National Insurance company which figured as the third respondent in the MCOP is the appellant.

(2.) THE respondents 1 and 2 herein claiming to be the dependents of deceased Krishnasamy, had filed the MCOP on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Erode making the following averments:-The respondents 1 and 2 herein/petitioners in MCOP are the wife and daughter of deceased Krishnasamy. On 19. 11. 2000 at about 7. 45 p. m when the deceased Krishnasamy was standing in front of the Tea stall of one Velumani in Aathiyur on the Kunnathur-Perundurai Road, the third respondent herein/first respondent in the MCOP came there in a TVS-50 moped bearing Registration No. TN-33 U-2602 riding the same in a rash and negligent manner with an uncontrollable speed and hit it against the deceased Krishnasamy. Due to the said impact, the deceased Krishnasamy was thrown on the road and he sustained serious head injuries. Immediately he was taken to a private hospital, namely Senthil Neuro Hospital, at Erode and was kept in the intensive care unit. A surgery was also conducted for the head injury to remove the blood clot. Inspite of effective treatment, the said Krishnasamy died on the midnight of 21. 11. 2000 i. e. at about 0. 15 AM on 22. 11. 2000. Postmortem examination was conducted at Government Hospital, Erode. At the time of death, the deceased was aged about 50 years and was having a monthly income of Rs. 6,000/- as a producer and seller of "murukku". Though the respondents 1 and 2 herein/petitioners in the MCOP would assess the loss caused to them due to the death of the said Krishnasamy to a higher amount, they restrict their claim to Rs. 5,00,000/ -.

(3.) BASED on the said pleadings, the respondents 1 and 2 herein had prayed that an award be passed against the 3rd and 4th respondents herein/first and second respondents in the MCOP being the rider and owner of the said TVS-50 moped vehicle and also against the appellant herein/third respondent in the MCOP being the insurer of the said vehicle, directing them jointly and severally to pay the above said amount of Rs. 5,00,000/- together with future interest and cost to the respondents 1 and 2 herein/petitioners in the MCOP as compensation for the death of Krishnasamy.