MANAGER [LEGAL] RELIANCE GENERAL INSURANCE COMPANY Vs. JEYA

JUDGEMENT

(1.) The second respondent insurance company in M.C.O.P.No.102 of 2016 on the file of the Motor Accident Claims Tribunal, Ramanathapuram, is the appellant.

(2.) Respondent Nos.1 to 4 had filed M.C.O.P.No.102 of 2016 on the file of the Motor Accident Claims Tribunal, Ramanathapuram, claiming compensation of Rs.30,00,000.00 (Rupees Thirty Laksh only) with interest at the rate of 12% p.a., on account of the demise of one Sekar-husband of the first respondent. The Tribunal, after contest, has awarded a sum of Rs.20,80,000.00 (Rupees Twenty Lakhs Eighty Thousand only) at the rate of 7.5% p.a. from the date of claim petition till the date of full deposit and also apportioned the compensation among the claimants. The Second respondent/Insurance Company has filed this Civil Miscellaneous Appeal challenging the findings and negligence as well as the quantum of compensation.

(3.) The learned counsel appearing for the appellant/Insurance company has drawn the attention of this Court to the impugned order and would submit that the deceased was a rider of the two-wheeler TVS Sports, bearing Registration No.TN 65 Y 8739, and he had also carried two persons and on account of his own negligence, he had fallen down and sustained fatal injury and that apart he was also under the influence of alcohol and the said aspect has been completely overlooked by the Tribunal while arriving at a finding on negligence. Insofar as the compensation is concerned, though it is the case of the respondents 1 to 4/claimants that the deceased was running a Tea shop and was earning a sum of Rs.20,000.00 (Rupees Twenty Thousand only) per month, the Tribunal has found that no proof for such occupation and therefore, fixed the notional monthly income at Rs.6,5000.00 and by applying multiplier, arrived the loss of income at Rs.18,90,000.00