NATIONAL INSURANCE CO LTD Vs. PALANISAMY

JUDGEMENT

(1.) The instant appeal has been filed by the Insurance Company challenging the Award dated 06.09.2007 passed by the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court-II, Salem District in M.C.O.P No.1513 of 2004.

(2.) One Kesavan died as a result of an accident that took place on 06.09.2003 at about 11.00 p.m., caused by a mini lorry bearing registration No.TN30 Z 6513 owned by the sixth respondent and insured with the Appellant. The dependents of the deceased Kesavan are the respondents 1 to 5 in the instant Appeal. They preferred a compensation claim for a sum of Rs. 10,00,000/- before the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court-II, Salem District in M.C.O.P No.1513 of 2004 against the Appellant as well as the sixth respondent who is the owner of the Vehicle. The Tribunal by its award dated 06.09.2007 in MCOP No.1513 of 2004, directed the Appellant to pay the respondent Nos. 1 to 5, a sum of Rs. 6,14,000/- together with interest at the rate of 7.5 % per annum from the date of claim till the date of realisation.

(3.) Aggrieved by the Award dated 06.09.2007 passed by the Motor Accident Claims Tribunal in MCOP.No.1513 of 2004, the instant appeal has been filed by the Appellant Insurance Company.