G.JAYACHANDRAN
United India Insurance Co. Ltd. , Rasipuram – Appellant
Versus
Arukkani – Respondent
JUDGMENT :
(Common Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, praying against the award and decree dated 28.04.2015 made in M.C.O.P.No.392 of 2012 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Rasipuram.)
(The case has been heard through video conference)
1. These two appeals are directed against the award passed by the Motor Accident Claims Tribunal, Subordinate Judge, Rasipuram in M.C.O.P.No.392 of 2012 dated 28.04.2015.
2. The dependants of the deceased Subbu @ Subramani filed claim petition in M.C.O.P.No.392 of 2012 against the owner of TATA Ace bearing registration No.TN 28 AZ 3839 and its Insurer viz., United India Insurance Company Ltd., Rasipuram seeking compensation of Rs.15 lakhs. As per the claim petition, the accident occurred while Subbu @ Subramani along with another person were travelling in a TATA Ace LMV goods carrier vehicle transporting cattle (cows). As per the F.I.R., the cattle became restless and rattling the vehicle, so the deceased tried to pacify the cattle but fell from the vehicle and sustained fatal injury.
3. The first information report was given by one Palanisamy who was copasseng
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