VETHAMBAL Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) Aggrieved against the judgment (Judgement dtd. 4/4/2019) of the High Court(Madras High Court, Bench at Madurai), vide which the compensation awarded to the appellants (claimants) by the Tribunal (Motor Accident Claims Tribunal, Tirunelveli) was reduced, the present appeal has been preferred.

(2.) Briefly, the facts are that Ravisankar, aged 52 years, met with an accident on 9/12/2012, at about 8.30 P.M. while driving TVS Starcity bearing registration No. TN-72-AV-0927, which was insured with respondent No. 1-Insurance Company. FIR No. 442 dtd. 10/12/2012 was registered at Police Station Kalakkaadu, District Tirunelveli. A claim petition(M.C.O.P. No. 281 of 2013) was filed by the dependants of the deceased claiming compensation of Rs.1,00,00,000.00. It was pleaded that the deceased was doing multiple activities. Besides being an agriculturist growing bananas, coconuts and paddy, he was also running a dairy farm and was a Government contractor. He was the sole bread earner of the family, who left behind his old mother, wife, daughter and son, who are the appellants before this Court.

(3.) The accident and the liability of the Insurance Company as such are not in dispute.