ORIENTAL INSURANCE CO. LTD Vs. JEHO KRISTON

JUDGEMENT

(1.) Questioning the quantum of compensation awarded by the Tribunal, in and by award dtd. 20/12/2019 in M.C.O.P.No.1243 of 2017 on the file of the Motor Accidents Claims Tribunal (Special Sub-Court No.1 to deal with MCOP Cases), Small Causes Court, Chennai, the present appeal is filed by the Insurance Company.

(2.) The respondents 1 and 2 are the claimants before the Tribunal. They are the sons of the deceased Mohideen Fathima @ Niraimathi, whose husband pre-deceased her. The claimants are aged about 20 years and 19 years respectively.

(3.) It is the case of the respondents 1 and 2/claimants before the Tribunal that on 19/1/2017 at about 6 p.m., their mother was travelling as a pillion-rider in a motor-cycle bearing Reg.No.TN-69-AU-0645 ridden by one Ravimurugan, who is the third respondent herein, from Red Hills to Vadapalani on the 100 Feet Road and while they were nearing Asian Games Village at Koyambedu, the rider of the two-wheeler drove the vehicle in a rash and negligent manner, and applied sudden brake, as a result of which, the deceased fell down from the bike and sustained head injuries. Immediately, she was admitted in the SIMS Hospital, Vadapalani and on 20/1/2017, she died inspite of treatment given to her. At the time of accident, the deceased was aged about 47 years and was working as Senior Professor in J.N.N.College of Engineering, Red Hills, Tiruvallur and earning Rs.40,000.00 per month. Hence, the claimants have made a claim of Rs.80.00 lakhs as compensation before the Tribunal for the death of their mother, who died in the said accident.