UNITED INDIA INSURANCE CO LTD Vs. MAHESWARI

JUDGEMENT

(1.) The appellant/Insurance Company has filed this appeal against the judgment and decree dated 22.09.2004 made in M.A.C.T.O.P.No.991 of 2002 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.5 at Tirupur.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioners is that on 19.06.2002, at about 7.30 hours, while the deceased was riding his two wheeler bearing Registration No.TN-38-C-3258 near Hatchries Nall Road, Madukarai to Neelampoor by-pass Main road, the tata sumo van bearing Registration No.TN-39-y-5353 came at high speed, in the opposite direction, dashed against the two wheeler, in which the deceased was proceeding resulting in fatal injuries to him. In spite of medical treatment, the deceased passed away in the hospital at Coimbatore. The accident occurred due to rash and negligent driving by the 1st respondent vehicle driver. The deceased was aged 45 years and was employed as a supervisor in a private concern, earning Rs.5,000/- per month. The petitioners who are the wife, children and mother of the deceased were dependent on the income of the deceased. Hence, the petitioners seek a sum of Rs.7,00,000/- as compensation from the respondents.