NATIONAL INSURANCE COMPANY LTD Vs. MADURAYEE

JUDGEMENT

(1.) The appellant/Insurance Company has come forward with this appeal to set aside the judgment and decree dated 28.01.2014 made in M.C.O.P.No.4000 of 2008 on the file of the Motor Accident Claims Tribunal, (Special Sub Court No.11 to deal with MCOP Cases), Chennai.

(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 23.12.2007 at about 10 hours, when the deceased was travelling in load auto bearing Registration No.TN-22-AZ-7139, at Madambakkam Main Road, Selaiyur, Chennai, as the vehicle was driven at high speed in rash and negligence manner, while turning near Periyar nagar, the auto capsized causing grievous injury to the deceased and he died subsequently on the way to the hospital. The negligence of the 1st respondent auto driver alone was the cause of the accident. At the time of death, the deceased was aged 17 years and working as Mason was earning Rs.200/- per day. The petitioners who are the parents of the deceased lost the love and affection of the son and also his contribution to the family. Hence, they seek compensation of Rs.10,00,000/- from the 1st respondent/2nd respondent who are the owner and insurer of the offending vehicle.