ORIENTAL INSURANCE CO LTD Vs. AMUDHA

JUDGEMENT

(1.) The Oriental Insurance Co. Ltd. is the appellant herein. This appeal is directed against the award and the decree dated 28.2.1991 made in M.C.O.P. No. 500 of 1988 on the file of Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Madras directing the appellant to pay compensation of Rs. 2,42,000 to the respondent Nos. 1 to 4, as against the total compensation of Rs. 2,70,000 claimed.

(2.) The facts leading to the filing of this appeal could be summarised as follows: On 16.12.1987 at about 9.00 p.m., the deceased Senthilkumar was riding on his motor cycle bearing registration No. TMS 3433 along with his friend in Erukkan-chery High Road from south to north near Ramalingaswamy Temple. At that point of time, a van bearing registration No. TMJ 3645 belonging to the Aringar Anna Drivers' Co-operative Society Ltd., the respondent No. 5 herein, driven by its driver in a rash and negligent manner, was coming from the opposite direction on wrong side and dashed against the motor cycle and caused grievous injuries to the deceased and the pillion rider. The injured persons were taken to the hospital. Senthilkumar thereafter died at the hospital. The wife and children of the deceased filed a petition in M.C.O.P. No. 500 of 1988 before the Tribunal against the Aringar Anna Drivers' Co-operative Society Ltd. and the Oriental Insurance Co. Ltd. who is the insurer of the vehicle claiming compensation of Rs. 2,70,000.

(3.) The Aringar Anna Drivers' Cooperative Society Ltd., the respondent No. 1 in the main petition did not choose to be present and, therefore, it was set ex pane. The said claim petition was contested only by the respondent No. 2 insurance company, the appellant herein.