NATIONAL INSURANCE CO LTD Vs. THIRUVENGADAM

JUDGEMENT

(1.) Aggrieved over the findings of the Tribunal, dated 26.10.2007 made in MCOP.No.982 of 2005 on the file of the Motor Accident Claims Tribunal/(Principal Sub Judge) Villupuram, the present appeal has been filed by the 2nd respondent Insurance Company to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 21.08.2005 at about 7.00 a.m., while the first petitioner's wife Malliga and others were proceeding in a car bearing Registration No.TN-01-C-8368, while going near Keelakolai Village, the lorry bearing Registration No.PY-01-J-5922, came in the opposite direction at high speed, driven in a rash and negligent manner, dashed against the car in which the first petitioner's wife was proceeding. Due to the accident, the first petitioner's wife suffered fatal injury and others suffered multiple grievous injuries. The first petitioner's wife Malliga died on the spot itself. The deceased who was aged 47 years, was earning Rs. 10,000/- per month from her self employment. The petitioners who are the husband and sons of the deceased have lost the love and affection and contribution to the family by the deceased. Thus, the petitioners sought for a sum of Rs. 15,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicles.