NEW INDIA ASSURANCE COMPANY LIMITED Vs. AMALATHASI

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 04.03.2010, made in MCOP.No.112 of 2001 on the file of Motor Accident Claims Tribunal, Principal District Court, Dindigul.

(2.) It is the case of the respondents 1 to 4/claimants that on 26.11.1999 about 06.30 p.m., while the deceased Kulanthaivelu was riding his TVS 50 bearing registration No.TN-57-C-7282, on Dindigul-Karur National Highway, an Ambassador Car bearing registration No.TN-01-P-7949, belonging to the 5th respondent herein insured with the appellant insurance company, driven by its driver in a rash and negligent manner without any horn, hit the TVS 50 motorcycle of the deceased from behind, due to which, the said Kulanthaivelu was thrown away and sustained grievous head injury and died on the spot. Wife, two minor children and mother of the deceased filed MCOP.No.112 of 2001 on the file of Motor Accident Claims Tribunal, Principal District Court, Dindigul, claiming compensation of Rs. 8,00,000/-. The appellant filed counter affidavit denying the involvement of the vehicle insured with them. They also disputed the age, avocation, income of the deceased and compensation claimed under various heads.

(3.) Considering the oral and documentary evidence adduced on either side, the Tribunal held that the driver of Ambassador Car was responsible for the accident and directed the appellant to pay compensation of Rs. 5,02,000/- with 7.5% interest per annum from the date of petition till the date of deposit. Aggrieved by the said award, the appellant has filed this appeal challenging liability and quantum.