NEW INDIA ASSURANCE COMPANY LIMITED Vs. ABDULKANI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed by the appellant against the judgment and decree made in M.C.O.P.No.49 of 2006 dated 25.09.2008, on the file of the Motor Accident Claims Tribunal, Additional District Court/Fast Track Court No.I, Trichy.

(2.) THE appellant is the Insurance Company. The van belonging to the fifth respondent was insured with the appellant Insurance Company. The van involved in an accident on 21.12.2005 resulting in the death of one Saroja @ Rahmad Bee. The first respondent herein is the husband of the deceased. The respondents 2 to 4 are the children born to the deceased through the first respondent. The respondents 1 to 4 herein filed M.C.O.P.NO.49 of 2006 claiming Rs.8,00,000/ - as compensation. The Motor Accident Claims Tribunal, Additional District Court/Fast Track Court No.I, Trichy, passed an award dated 25.09.2008 granting Rs.2,94,000/ - as compensation with 7.5% interest and costs. The appeal is against the said order.

(3.) HEARD Mr.Vijay Karthikeyan, learned Counsel for the appellant and Mr.S.Deenadayalan, learned Counsel for the respondents 1 to 4. The fifth respondent remained absent.