- (1.) THE above Civil Miscellaneous Appeal has been filed by the appellant / second respondent, against the Award and Decree Order dated 27.03.2007, made in M.C.O.P.No,965 of 2004, on the file of the Motor Accident Claims Tribunal, Additional District Court and Essential Commodities Act, Special Court Salem, awarding a compensation of Rs.7,85,000/-, with 7.5% interest per annum, from the date of filing petition to till the date of payment of compensation.
(2.) AGGRIEVED by the said award and decree, the appellant/second respondent, The Managing Director, Iffco-Tokio General Ins. Co., Ltd., has filed the above appeal praying for reconsideration of the award granted by the Tribunal. The short facts of the case are as follows: On 19.04.2004, at about 15.30 hrs, the deceased Karthik was riding his Hero Honda Passion, bearing registration No.TN30 A5820, from Salem Kuranguchavadi to State Bank Routana, near Salem State Bank Bye-Pass Rountana, and travelling on the left side of the road. At that time, a Minidor Auto bearing registration No.TN30 Z6447, came from opposite side (from State Bank Rountana to Kuranguchavadi), and driven by its driver in a rash and negligent manner, hit against the Hero Honda Passion vehicle and the said Karthik. In the result, Karthik was seriously injured on his head and sustained injury all over his body. Immediately, after the accident, the deceased Karthik was taken to Bharat Hospital, Salem and then was taken to K.G.Hospital, Coimbatore for better treatment and admitted in the Intensive Care Unit. After three days, Karthik died at K.G.Hospital, Coimbatore. Post-mortem was done at Government Mohan Kumaramangalam Medical College Hospital, Salem.
(3.) THE deceased Karthik was a fourth year B.E.Computer Science Student. At the time of the accident, the deceased Karthik was hale and healthy and aged about 21 years only. THE first petitioner, the father of the deceased, second petitioner, the mother of the deceased, the third petitioner, sister of the deceased, the fourth petitioner, brother of the deceased and the fifth petitioner, the grandmother of the deceased, have claimed a compensation of Rs.24,00,000/- from the respondents namely owner of the Auto and the insurer of the said Auto bearing registration No.TN30 Z6447, as the accident had occurred purely due to rash and negligent act of the first respondents Minidor Auto bearing registration No.TN30 Z6447, under Section 166 of the Motor Vehicles Act, 1988. On the complaint given by one S.Sivasakthi Murugan of Mukil Nagar, Narasothipatty (eye witness of the accident), a case has been registered against the driver of Minidor Auto bearing registration No.TN30 Z6447, by the Traffic Investigation Wing, Salem in Crime No,213/2004, dated 20.04.2004 for offences under Sections 279, 337, 338 and 304(A) of I.P.C.;