- (1.) The appellant, the Royal Sundaram Alliance Insurance Co. Ltd., is the fourth respondent in M.C.O.P.No. 850 of 2010 on the file of the Motor Accident Claims Tribunal / First Additional District cum Sessions Judge, Tirupur. They filed the present appeal questioning their liability to pay compensation awarded by the tribunal. The first respondent/claimant filed the above claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.20,00,000/- for the death of one Somasundaram, husband of the claimants 1 and 2, father of the claimants 3 to 7 in a road accident on 03.02.2009.
(2.) According to the claimants, the deceased Somasundaram was riding his motorcycle bearing Registration No.TN-38-Z-0952 along Avinasi Mangalam Road, near Kasikoundenpudur Ration shop and at about 22.30 hours, a speeding Van, bearing Registration No.TN-39-AF-5427 hit the deceased, as a result of which, the deceased Somasundaram sustained fatal injuries and died on the spot. According to the claimants, the rash and negligent driving of the driver of the Van bearing Registration No.TN-39-AF- 5427 was the cause of the accident and that since the said Van was insured with the present appellant, the Royal Sundaram Alliance Insurance Co. Ltd., both of them are jointly and severally liable to pay compensation.
(3.) The owner of the Van bearing Registration No.TN-39-AF-5427 as well as the present appellant contested the claim petition. The learned First Additional District cum Sessions Judge, Tirupur after analysing the evidence on record, awarded compensation of Rs.7,89,00/- together with interest 7.5% per annum to the claimant.;