MANAGING DIRECTOR, VILLUPURAM Vs. A. SAKUNTHALA & ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant Insurance Company against the Judgment and Decree dated 19.06.2003, made in M.C.O.P.No.160 of 2002, on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Thanjavur.

(2.) In the claim petition, it is stated that on 22.03.1988, at about 10.45 a.m., while the deceased Amirthalingam was painting the mile stones on the road, a bus belonging to the respondent Corporation came in a rash and negligent manner and dashed against him on his back, by means of which, he died on the spot. He was working as a Mazdoor in Highways Department and earning a sum of Rs. 1,600.00 per month and he was also rearing milch animals and getting a sum of Rs. 1,500.00 per month. Hence, a sum of Rs. 5,00,000.00 is prayed for as compensation.

(3.) In the counter filed by the respondents, it is stated that since the claim petition has been filed after 14 years from the date of the accident, it is barred by limitation. The police did not register an case against the respondent Corporation's driver. The age, the income and the avocation of the deceased are denied. The amount claimed in the petition is very excessive and the petition may be dismissed.