M. NITHYA Vs. SBI GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The Appellants before us are the legal heirs of the late Meganathan who died due to a motor accident. They are assailing order dtd. 28/2/2022 passed by the High Court of Madras in C.M.A.Nos.1588 and 887 of 2021 whereby the High Court has reduced the compensation awarded to them by the Motor Accidents Claims Tribunal, Tiruvallur in M.C.O.P. No.501 of 2016 vide order dtd. 29/10/2020, for the death of Meganathan.

(3.) The facts to the relevant extent are such, that, on 2/11/2015, around 8:20 PM, the deceased was riding a two-wheeler, when a lorry moving in the same direction ahead of the two wheeler in a rash and negligent manner in high speed, suddenly applied break resulting in the deceased hitting the backside of the lorry. Due to the impact suffered, the deceased suffered grievous injuries. He was admitted in the hospital, where he succumbed to his injuries on the same day. The legal heirs of the deceased filed M.C.O.P No.501 of 2016 seeking compensation of Rs.1,08,25,000.00 which was restricted to Rs.90,63,000.00. The deceased was 38 years at the time of the accident and working as Deputy Manager in Mahindra Logistic and earning Rs.42,000.00 per month. The Tribunal held that the accident occurred due to the rash and negligent driving of the driver of the lorry and directed the Insurance Company to pay a compensation of Rs.72,20,000.00 with interest at 7.5% per annum from the date of numbering of the petition i.e 29/7/2016 till the date of deposit, to the legal heirs of the deceased. The Insurance Company aggrieved by the order, filed C.M.A No.1588 of 2021 and the Appellant filed C.M.A No.887 of 2021 before the High Court. On 28/2/2022 vide a common order, the High Court partly allowed the appeal filed by the Insurance Company by reducing the compensation by a sum of Rs.34,25,000.00 bringing the total sum awarded to Rs.37,94,500.00 and dismissed the appeal filed by the Appellants herein.