ORIENTAL INSURANCE CO. LTD. Vs. RAMANAMMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the Insurance Company, questioning both the quantum of compensation and liability awarded by the Motor Accidents Claims Tribunal, ((V Court of Small Causes) Chennai, in and by its award, dated 16.06.2017 passed in M.C.O.P.No.4701 of 2013.

(2.) The respondents 1 to 6 herein, who are the petitioners/claimants before the Tribunal are wife, two daughters, son, mother and father of the deceased Alluru Chenchaiah respectively. It is the case of the claimants that on 28.11.2012 at about 20.30 hours, when the said Alluru Chenchaiah was walking along the Nellore to Mumbai High Way Road, near Peramana Village, Sangam Mandal, Nellore District, Andhra Pradesh, a LMV Motor Cab, bearing Registration No.AP-26-TV-1274 driven by its driver, came in a very and negligent and dashed against the said Alluru Chenchaiah, as a result of which, the said Alluru Chenchaiah sustained grievous injuries and died. Hence, the claimants filed a Claim Petition against the insured as well as the insurer, claiming a sum of Rs.20,00,000/- as compensation.

(3.) The owner of the offending Vehicle, viz., the 7th respondent herein, the Insured, remained ex parte before the Tribunal.