NEW INDIA INSURANCE CO LTD Vs. MUNIAN

JUDGEMENT

(1.) In this appeal, Appellant/Insurance Company challenges the judgment of the Tribunal in M.C.O.P.No.255 of 2002 on the file of Motor Accident Claims Tribunal (Principal Subordinate Judge, Tindivanam), whereby the Tribunal has awarded Rs.13,89,200/- for the death of Selvam, Village Administrative Officer. The claimants are the wife, sons, daughters and parents of deceased Selvam.

(2.) The brief facts are that on 9.1.2002 at 18 hours when the deceased was riding the motor cycle TN 32 Y 8723 from Gingee to Tindivanam, Hero Hondo motor cycle bearing Regd.No.TN 32 V 0466 came in the opposite direction from Tindivanam to Gingee, near Vadavanoor Kootu road and dashed against the motor cycle, which the deceased was riding. The deceased fell down from his vehicle and sustained multiple injuries. He was admitted in the Government Hospital, Gingee, where he succumbed to the injuries. Regarding the accident, a criminal case was registered in Crime No.11 of 2002 on the file of Gingee Police Station under Section 304(A) IPC against the rider of the vehicle bearing Regd.No.TN 32 V 0466. The deceased Selvam was working as Village Administrative Officer and was getting salary of Rs.7,000/- per month. Alleging that the accident was due to rash and negligent driver of the rider of the vehicle bearing Regd.No.TN 32 V 0466, the Claimants have filed claim petition claiming compensation of Rs.15,00,000/-.

(3.) Resisting the Claim Petition and alleging the negligent driving of the rider of the vehicle and also putting the owner of the vehicle to the strict proof as to the possession of valid driving licence, the Insurance Company has filed the counter. The Appellant Insurance Company has also raised objection as to the age and salary of the deceased and claiming that the quantum of compensation claimed in the Claim Petition was on the higher side.