NATIONAL INSURANCE COMPANY LIMITED Vs. CHANDRADEVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the award dated 22.09.2003, made in M.C.O.P.No.1486 of 2000, on the file of the Motor Accident Claims Tribunal, Third Additional Subordinate Judge at Madurai.

(2.) The appellant is the second respondent in M.C.O.P.No.1486 of 2000. The respondents 1 to 5 filed the said claim petition, claiming a sum of Rs. 7,00,000/- (Rupees Seven Lakhs Only) as compensation for the death of one Alagu Murugan, who is the husband of the first respondent, father of the respondents 2 and 3 and son of the respondents 4 and 5, in the accident that occurred on 29.05.1997. The 6th respondent is the owner of the auto, insured with the appellant / Insurance Company.

(3.) According to the respondents 1 to 5, on 29.05.1997, while the said Alagu Murugan was riding in a motorcycle bearing Registration No.TN 49 A 7921 along with one Mohan as pillion, an auto bearing Registration No.TN 59 F 4510, belonging to the 6th respondent herein came in the opposite direction driven in a rash and negligent manner, dashed against the motorcycle driven by the said Alagu Murugan. Due to the same, he sustained injuries and died in spite of treatment. At the time of accident, he was aged about 28 years and he was doing business in the name and style of Amutha Book Binding and was earning a sum of Rs. 7,000/- (Rupees Seven Thousand Only) per month. The respondents 1 to 5 are the legal heirs and dependents of the deceased Alagu Murugan. The 6th respondent is the owner of the Auto and the appellant is the insurer of the Auto. Hence, both the 6th respondent and the appellant are liable to pay compensation.