VASANTHA Vs. P BALARAMAN

JUDGEMENT

(1.) Dissatisfied with the award of the tribunal made in MCOP No.838 of 2016, dated 21.04.2008 on the file of the Motor Accident Claims Tribunal (1st Additional District Judge), Madurai, the claimants have preferred this appeal, whereas aggrieved by the award of the tribunal, the United India Insurance Company has filed Cross Objection.

(2.) The brief facts of the case are that on 21.10.2005 at about 8.15 pm, while the deceased was riding his motor cycle bearing registration No.TN-57- J-3902 along with his sister Mangaleswari and her son Balamurugan on Gandhigramam-Madurai Road near Paravai Velmurugan Petrol Bunk, it dashed against the lorry bearing registration No.TN-39-V-3606, which was parked on the road without putting any indicator. In that process, the deceased and others were thrown away and the deceased died on the spot, while two others sustained injury and they were taken to Vadamalayam Hospital for treatment. In this regard, the Inspector of Police attached to Samayanallur Police Station had registered a case in Crime No.476 of 2005 under Sections 279, 337 and 304(A) IPC. The wife, daughter, son and parents of the deceased filed a claim petition claiming compensation of Rs. 36,09,500/- .

(3.) Before the tribunal, on the side of the claimants, 4 witnesses were examined as PW1 to PW4 and marked 29 documents. On the side of the Insurance Company, two witnesses were examined as RW1 and RW2 and 2 documents were marked.