NEW INDIA ASSURANCE COMPANY LTD Vs. VIJAYA

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent, against the Award and Decree Order dated 05. 02. 2007, made in M. C. O. P. No. 263 of 2005, on the file of the Motor Accident Claims Tribunal, Sub-Court, Sangagiri, awarding a compensation of Rs. 8,01,000/-, with 7. 5% interest per annum, from the date of filing petition to till the date of payment of compensation.

(2.) AGGRIEVED by the said award and decree, the appellant/second respondent, The New India Assurance Company Ltd. , has filed the above appeal praying to set aside the award passed by the Tribunal.

(3.) THE short facts of the case are as follows: on 23. 05. 2005, at about 4. 15 p. m. the deceased Dhanapal along with his friend was going towards Tiruchengode from Salem in a Maruthi Car bearing registration No. TN33 AA8532 and when the car was nearing Kallukadai bus stop at Tiruchengode to Salem road, the driver of the said Maruthi Car drove the vehicle in a rash and negligent manner and hit against the Tamarind Tree and in the result, the deceased Dhanabal sustained injuries on the head and fact and he was taken to Tiruchengode Government Hospital for first aid and then he was taken to LKM Hospital, Erode and Nallusamy Hospital, Erode and succumbed to the injuries later in the hospital and post-mortem was conducted by duty Doctor of Government Hospital, Erode.