NEW INDIA ASSURANCE CO LTD Vs. KAYALVIZHI

JUDGEMENT

(1.) Being aggrieved by the award of compensation of Rs. 31,89,000/- to the dependents of Sriram, Appellant-National Insurance Co., has preferred this Appeal. Brief facts are that on 10.9.2004, deceased Sriram was riding his Motorcycle bearing registration No. TN-36-F-3006 from his native place Karatadipalayam to Tiruppur. When deceased Sriram was proceeding at Ayyampalayam on Perumanallur to Tiruppur road, the Bajaj Tempo Trax bearing registration No. TN-39-Z-6890 driven by its driver [1st Respondent] in a rash and negligent manner hit against deceased Sriram. Due to the accident, deceased Sriram sustained injuries over chest, abdomen, fracture in hands and multiple injuries all over the body. After the accident, deceased Sriram was admitted in Mayur Hospital, Perumanallur and succumbed to the injuries. Regarding the accident, Criminal case was registered in Crime No. 372/2004 of Perumanallur Police Station. Alleging that the accident was due to rash and negligent driving of Bajaj Tempo Trax driven by the driver, dependents of Sriram [Wife, daughter, mother and father] have filed Claim Petition claiming compensation of Rs. 50,00,000/-.

(2.) Before the Tribunal, 1st Claimant herself was examined as PW1 and one Saravanamurthy was examined as PW2 and one Arangaraj was examined as PW3 and one Ramasamy was examined as PW4. Exs. P1 to P44 were marked on the side of Claimants. On the side of Appellant-Insurance Company, one Pushpanathan, working as Administrative Officer was examined as RW1. No documents were marked.

(3.) Upon analysis of evidence, Tribunal held that accident was due to rash and negligent driving of Bajaj Tempo Trax driver. Deceased Sriram was an agriculturist and was also running apparels shop, Tribunal has taken monthly income of deceased at Rs. 25,000/- to Rs. 30,000/- and after giving personal expenses, Tribunal has fixed the contribution to the family at Rs. 14,000/- and adopted multiplier 18, Tribunal awarded compensation of Rs. 31,89,000/- as under: