UNITED INDIA INSURANCE COMPANY LTD Vs. BAKEERATHIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the award, dated 26.04.2006, made in M.C.O.P No.46 of 2001, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Nagercoil.

(2.) The appellant / Insurance Company is the third respondent in M.C.O.P.No.46 of 2001. The respondents 1 to 3 herein filed the said claim petition, claiming a sum of Rs. 4,00,000/- (Rupees Four Lakhs Only) as compensation for the death of one Narayana Pillai @ Raghu in the accident that took place on 08.05.1999.

(3.) According to the respondents 1 to 3, while the deceased was walking near the Hyundai Company from East to West, an Auto Rickshaw bearing Registration No.TM-01-C-2734 driven by the fourth respondent herein in a rash and negligent manner, dashed against the deceased. Though he was taken to hospital, he succumbed to the injuries on 09.05.1999. The fifth respondent is the owner of the Auto. The appellant is the insurer. The first respondent is the mother, the second respondent is the sister and the third respondent is the brother of the deceased.