V ANITTO Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Award and Decreetal Award, dated 24. 06. 2011, made in M. C. O. P. No. 352 of 2008, on the file of the Motor Vehicles Accidents Claims Tribunal / Additional District Court / Fast Track Court No. II, Thoothukudi.

(2.) The appellant herein is the offending vehicle owner / Tipper Lorry, bearing Registration No. TN-69-F-8896, who is arrayed as R1 in the claim application before the Tribunal in M. C. O. P. No. 352 of 1998, filed by R2 to R4 herein, / claimants, claiming compensation of Rs. 6,00,000/-, for the death of Pooja Nadar in a motor vehicle accident occurred on 0 0 2006 at about 19. 15 hrs, under Sections 140 & 166 of Motor Vehicles Act and Rule 4(1) & (2) of Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules. The first respondent herein is the Insurance Company with whom the offending vehicle / Tipper Lorry was alleged to have insured on the date of accident.

(3.) The Tribunal, after considering the pleadings of the parties, raised three points for consideration, as follows:-