NATIONAL INS CO. LTD. Vs. S. NOORJAHAN

JUDGEMENT

(1.) Heard Sri V.Veerabhadra Chary, learned Standing counsel appearing for the appellant-Insurance Company as well as Sri K.Diwakara Reddy, learned counsel representing Sri C.Subodh, learned counsel appearing for the respondents 1 to 5/claimants.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act 1988, (in short 'M.V.Act'), has been filed by the appellant- National Insurance Company Limited (in short 'Insurance Company'), challenging the Award, dtd. 4/1/2016, passed in M.V.O.P.No.1153 of 2009 by the Principal Motor Accidents Claims Tribunal-cum-Principal District Judge, Nellore (in short 'the Tribunal).

(3.) The claimants/respondents 1 to 5 filed M.V.O.P.No.1153 of 2009 under Sec. 166 of the M.V.Act (in short 'MVOP') for compensation of Rs.62,99,000.00 for the death of one Sk. Md.Abdul Umar (hereinafter referred as 'deceased') in the motor accident, which occurred on 5/6/2009 at about 3.30 pm., near Navalur Panchayat Office, on the old Mahabalipuram Road, on the left side of the road towards Kelampakkam, due to rash and negligent driving of the driver of the TATA ACE Truck bearing No.PY-01-AJ-3384 (offending vehicle), which at high speed, hit the deceased from his backside, causing grievous injuries, to which, he succumbed on the same day at hospital. The deceased was aged about 26 years and was working as Associate Consultant (Software Engineer) in Polaris Software Lab Limited, Polaris House, Chennai, and drawing salary of Rs.31,269.00 per month. The deceased was an Income Tax assessee. He was unmarried. The claimants 1 to 5 are the mother, father, two sisters and brother of the deceased.