NEW INDIA ASSURANCE CO. LTD Vs. BALASUBRAMANIAM (DECEASED)

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dated 20.01.2015 made in M.C.O.P.No.566 of 2011 on the file of the Additional District Court - 3, (Motor Accident Claims Tribunal) at Dharapuram.

(2.) The appellant-Insurance Company is the 2nd respondent in M.C.O.P.No.566 of 2011, on the file of the Additional District Court -

(3.) , (Motor Accident Claims Tribunal) at Dharapuram. Initially the deceased Balasubramaniam filed the said claim petition, claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by him in the accident that took place on 16.10.2009. Pending claim petition, Balasubramaniam/the claimant died and the 1st respondent, his mother was impleaded as his legal heir vide order dated 03.10.2012 made in I.A.No.1313 of 2012. 3.The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the Tata ACE belonging to the 2nd respondent and directed the appellant-Insurance Company as the insurer of the vehicle to pay a sum of Rs.5,00,880/- as compensation to the 1st respondent/claimant.