ORIENTAL INSURANCE CO LTD Vs. M PUSHPAN

JUDGEMENT

(1.) Heard Mr. S. Arun Kumar, learned counsel for the appellant and Mr. N. Damodharan, learned counsel for the claimants (respondent Nos. 1 to 5) and Mr. R. Shivakumar, learned counsel for respondent No. 6.

(2.) The above appeal has been directed against the award of the Motor Accidents Claims Tribunal, Cuddalore in M.C.O.P. No. 15 of 2004, granting compensation of Rs. 14,30,000 together with interest at 9 per cent per annum. The claimants before the Tribunal were the wife and four children of one P. Marthandan.

(3.) On 24.8.2003, at about 11.30 a.m., the deceased was standing at the extreme eastern side of Cuddalore to Chidambaram Main Road at Cuddalore old town and the vehicle owned by respondent No. 6 namely, a Tata Sumo car proceeding from north to south direction driven in a rash and negligent manner hit against the deceased and caused the accident. Due to the accident, the deceased sustained grievous injuries and died after two days. In the claim petition, it was stated that deceased was 50 years old, earned Rs. 15,000 per month as timber wood merchant and as Casuarina dealer, that he is the only breadwinner of the family and due to the accident, the entire family is suffering for their livelihood. Accordingly, a claim for Rs. 25,00,000 was made with interest at 18 per cent per annum.