NEW INDIA ASSURANCE COMPANY LIMITED, MADURAI Vs. KARTHIKEYANI

JUDGEMENT

(1.) Assailing the judgment and decree passed by the Motor Accident Claims Tribunal, Principal District Court, Madurai, in M.C.O.P.No.758 of 2006, dated 18.06.2008, the Insurance Company has preferred this appeal. Against the claim of Rs.4,00,000/-, the Tribunal has awarded a sum of Rs.3,55,000/- along with interest at the rate of 9% per annum.

(2.) It is the case of the claimant that on 19.12.2005 at about 11.45 a.m., the claimant's son Rajesh was riding his TVS Suzuki motorcycle bearing Registration No.TN-59-P-3746 on Tamil Sangam Road. When it was nearing Labour School, Madura Coats overbridge, the driver of the TVS-XL motor cycle bearing registration No.TN-59-AA2613, which was coming from opposite direction, drove it in a high speed and hit against TVS Suzuku. In the impact, he sustained injuries and he died at the hospital. It is the further case that the deceased was 22 years old at the time of accident and he was working as Lab Assistant and was earned Rs.6,000/-. However, on account of his sudden death, the claimant lost her only bread winner.

(3.) The appellant Insurance Company resisted the claim petition contending that the deceased Rajesh overtook the vehicle, which was proceeding in the same direction and hit against the TVS-XL Motorcycle TN-59-AA-2613. The pillion-rider sustained injuries and the deceased was ran-over by a lorry and hence, the driver of TVSXL is not responsible for the accident. They have also disputed the income and quantum as excessive.