ORIENTAL INSURANCE CO LTD Vs. MURUGESAN

JUDGEMENT

(1.) Aggrieved by the decree and judgment dated 04.11.2015 made in M.C.O.P. No. 1351 of 2013 the insurer filed this appeal against award of tribunal.

(2.) For convenience, the parties are referred to as per their array in the claim petition.

(3.) It is the case of fatal accident, happened on 03.02.2013, while deceased working as Lady Tailor and aged 23 years and earned 15,000.00 PM. Upon consideration of the oral and documentary evidence, the Tribunal held that the accident happened due to rash and negligent driving of the Tipper Lorry driver of the first respondent owner of vehicle, since the first respondent vehicle was insured with the second respondent insurance company, the Tribunal held that the respondents 1 & 2 are jointly and severally liable to pay the compensation. Based on the pleadings and evidences the learned tribunal granted compensation under following heads:-