NEW INDIA ASSURANCE CO. LTD TRICHY Vs. DHANALASKHMI

JUDGEMENT

(1.) Aggrieved over the award passed by the Motor Accident Claims Tribunal, III Additional Sub Court, Trichirappalli in M.C.O.P.No.3059 of 2002, dated 02.01.2007, the present appeal has been filed by the appellant/Insurance Company.

(2.) The claimants are mother and sister of the deceased Selvakumar. According to them, on 13.09.2002 at 11.20 p.m., the deceased Selakumar was proceeding in a Hero Honda Motorcycle on Trichy-Madurai Highways. When he was nearing Panchapur, the Maruti Omni Van owned by the first respondent bearing Registration No.TN-67-Z-2025 was driven by its driver in a high speed and hit against the motorcycle. In the accident, the deceased was thrown away and died on the spot. The claimants would further state that the deceased was working as a Wireman in the Tamil Nadu Electricity Board and his monthly earning was Rs.7,000/- and they claimed compensation of Rs.16,00,000/-.

(3.) The appellant/Insurance Company opposed the claim petition disputing the manner of the accident, age, income of the deceased. It is contended that the claim was excessive and exorbitant.