ORIENTAL INSURANCE COMPANY LIMITED Vs. SELVI

JUDGEMENT

(1.) The Insurance Company has preferred this appeal against the award made in MCOP No.1160 of 2012, dated 26.04.2017 on the file of the Motor Accidents Claimants Tribunal (IV Additional District Judge), Madurai.

(2.) Mcop No.1160 of 2012 was filed by the wife and the minor children of the deceased Muniyandi, who died in a motor vehicle accident on 11.01.2009. According to the claimants, on 11.01.2009 at about 8.15 am, when the deceased was riding his two wheeler on Thirumangalam-Madurai Main Road, near Rasi Kalyanamandapam, the bus TN-59-AJ-0527, which was driven by its driver in a rash and negligent manner, hit behind him. In that process, he sustained grievous injuries on his head and hip and immediately, he was taken to Government Rajaji Hospital for treatment, where he succumbed to injuries. In this regard, a case under Sections 279, 337 and 304(A) IPC stands registered by the Thirumangalam Town Police Station, in Crime No.66 of 2009.

(3.) The claimants have stated that the deceased was 42 years at the time of accident and he was working as Teacher in the Government Higher Secondary School and he was earning Rs.32,696/- /- per month. It is alleged that the deceased died only due to the negligence of the driver of the offending vehicle.