ORIENTAL INSURANCE CO LTD Vs. V.SJATHA

JUDGEMENT

(1.) M/s.Oriental Insurance Company, having office at Chennai, had come forward with this appeal, questioning the correctness of the order (Award) dated 12/4/2018 passed by the Motor Accident Claims Tribunal, (Special Sub Court No.2 to deal with M.C.O.P. Cases) (Court of Small Causes), Chennai, in M.C.O.P.No.9114 of 2015, by specifically contending that the accident in question had occurred only due to the negligence attributable on the part of the deceased, but the Tribunal did not deduct any amount towards contributory negligence. The appeal is also filed questioning the quantum of compensation awarded by the Tribunal, particularly under the head 'loss of income'.

(2.) The respondents 1 to 4 herein had filed M.C.O.P.No.9114 of 2005 before the Tribunal claiming compensation for the death of the deceased Vinayaga Moorthy. The deceased is the husband of the first respondent/first claimant and the father of the respondents 2 and 3/claimants 2 and 3 and son of the fourth respondent/fourth claimant claimant. For the sake of convenience, the parties are referred to as they are ranked before the Tribunal.

(3.) According to the respondents 1 to 4/claimants, on 30/9/2014 at about 19.00 hours, the deceased was riding the Motor Cycle bearing Registration No.TN 04 U 5315 from Amarampedu to Kavarapettai road, near Thanipoondi bus stop. At that time, a lorry bearing Registration No. TN.04.AJ.6656, was proceeding in front of the deceased. While so proceeding, the driver of the lorry had applied sudden brake, purportedly to have a conversation with some known driver of the stationary lorry parked on the left side of the road unmindful of the vehicle coming from behind the lorry. Due to application of such sudden brake by the driver of the lorry, the deceased hit the rear side of the lorry and sustained grievous head injuries. Due to such injuries, the deceased died on the spot. According to the claimants, at the time of accident, the deceased was aged 42 years and was engaged in contractual work. It is stated that the deceased was earning a sum of Rs.1,50,000.00 per month and therefore, the claim petition was filed claiming a sum of Rs.1 Crore as compensation.