NATIONAL INSURANCE COMPANY LTD Vs. A K GIRIJA

JUDGEMENT

(1.) The appellant/Insurance Company has filed this appeal against the judgment and decree dated 28.04.2011 made in M.C.O.P.No.2861 of 2007 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioners/claimants is that on 22.01.2007 while the deceased Haridoss was standing at Pakkam bus stop in G.S.T Road, Madhuranthagam, at about 8.00 p.m., the 1st respondent car driven by the 2nd respondent bearing Registration No. TN-40-B-1454 came at high speed driven in a rash and negligent manner and dashed against the deceased Haridoss, causing him fatal injuries, resulting in his death on the spot. The deceased was aged 46 years and by working as Junior Drafting Officer in the Government TamilNadu Agricultural Department was earning Rs.15,582/- per month. The petitioners/claimants who are the wife, children and parents of the deceased were depending on his earning. Thus, the petitioners/claimants sought for a sum of Rs.99,29,164/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the petitioners/claimants, by filing counter, the 3rd respondent/Insurance Company contends that the accident did not occur in the manner alleged by the petitioners/claimants. The claim of the petitioners/claimants about the age, avocation and income of the deceased is denied. The accident did not occur in the manner alleged by the petitioners/claimants. The 3rd respondent also denies the claim of the vehicle being insured with them and the driver of the vehicle possessed valid license. The amount claimed by the petitioners/claimants is exorbitant. Thus, the 3rd respondent/Insurance Company sought for dismissal of the petition.