This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the award, dated 08.11.2010, passed in M.C.O.P.No.829 of 2006 on the Motor Accidents Claims Tribunal-cum-III- Additional Sub Judge, Trichirappalli.
2. It is a case of fatal accident, which took place on 08.03.2005, at 21.00 hours near Muni Kovil, Melur to Madurai main road.
3. It is the case of the claimants before the Tribunal that on the date of accident, when the deceased by name Sakthivel was standing near the car, the Trailer lorry bearing registration No.TN 59 W 3775 was driven by its driver in a rash and negligent manner and dashed against the deceased and as a result of which, the deceased was thrown away and died on the spot.
4. The claimants filed an application in M.C.O.P.No.829 of 2006, on the file of the Motor Accidents Claims Tribunal-cum-III-Additional Sub Judge, Trichirappalli, seeking compensation.
5.Before the Tribunal, the respondents 1 to 2/Claimants examined one witness as P.W.1 and marked nineteen documents as Ex.P.1 to Ex.P.19. The appellant did not let in any oral or documentary evidence before the Tribunal.
6.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record held that the accident occurred only due to the rash and negligent driving of the driver of the lorry, which is insured with the appellant/Insurance Company and therefore, the appellant/Insurance Company and the third respondent are jointly and severally liable to pay the compensation of Rs.12,01,280/-.
7. Against which, the appellant/Insurance Company has filed this present appeal challenging the quantum.
8. The learned counsel appearing for the appellant submitted that the Tribunal erred in fixing the monthly income of the deceased at Rs.8,000/- when there is no proof filed to prove the income and therefore, the compensation awarded by the Tribunal is to be reduced.
9. Per contra, the learned counsel appearing for the respondents 1 and 2 submitted that after considering the evidence only the Tribunal fixed the income of the deceased and in support of his submission, the learned counsel would draw the attention of this Court to paragraph No.10 of the award of the Tribunal, wherein it has been discussed as follows:
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10. Heard the learned counsel appearing on both sides and perused the materials available on record.
11. A perusal of the award passed by the Tribunal clearly shows that the learned Judge after elaborately discussed about the accident and after considering the evidence only has fixed income of the deceased. In my considered view, the learned Judge awarded a just and reasonable compensation and therefore, there is no infirmity in the award passed by the Tribunal and the same does not require interference at the hands of this Court.
12. In the result, this Civil Miscellaneous Appeal is dismissed and the award dated 08.11.2010 passed in M.C.O.P.No.829 of 2006 on the file of the Motor Accidents Claims Tribunal cum III-Additional Sub Judge, Trichirappalli, is confirmed. The appellant/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the claimants are permitted to withdraw their share as apportioned by the Tribunal, with accrued interests and costs. No Costs. Consequently, connected Miscellaneous Petition is closed.
To,
1.The Motor Accidents Claims Tribunal cum III-Additional Sub Judge, Trichirappalli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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