NATIONAL INSURANCE COMPANY LTD Vs. S PUNITHAVATHI

JUDGEMENT

(1.) Challenging the judgment and decree passed by the learned Additional District & Sessions Judge, Fast Track Court No.III (Motor Accidents Claims Tribunal), Madurai, in M.C.O.P.No.316 of 2007 dated 23.07.2009, the instant appeal has been preferred by the appellant/insurance company.

(2.) The case of the claimants/respondents 1 & 2 herein before the tribunal is that on 20.08.2006, at about 7 hours, the deceased Sundaramoorthy was driving the van, bearing No.TAC 1999 and when the van was nearing Jasmine Scent Company, Ammayanayakkanur, Dindigul, a lorry bearing No.KL-08-W-7222 came in a rash and negligent manner on the wrong side and dashed against the van and in consequence to the same, the driver of the van, the said Sundaramoorthy, died. Therefore, the respondents 1 & 2 herein, being the legal heirs of the said Sundaramoorthy, had preferred the claim petition before the tribunal.

(3.) The tribunal, after analyzing all the facts and documentary evidences, has awarded Rs.3,65,000/- as compensation and given a finding that the accident has occured because of the composite negligence and therefore, assessed the negligence on the part of the van's driver/deceased as 60% and lorry's driver as 40%. Thereby, the appellant/insurance company was directed to pay 40% of the said amount, i.e., Rs.1,46,000/-, against which, the appellant/insurance company is before this Court.