ORIENTAL INSURANCE CO LTD Vs. PILLAPPA

JUDGEMENT

(1.) (This case has been heard through Video Conference)

(2.) On 21.11.2011 at about 4.30 p.m, in Hosur to Rayakottai road near petrol bunk junction while one Muni Ramappa was riding TVS XL Super moped bearing Reg.No.TN70/C1540 carrying Muniraj on the pillion , a tanker lorry of the first respondent bearing Reg.No. HR 55/K8419 came with rash and negligently and dashed against the two wheeler from behind. Muniraj the pillion rider was seriously injured. After first aid, he was shifted to Bangalore for better treatment. However, he died on the way. In the claim petition, it was stated that at the time of his death Muniraj was earning Rs.10,000/- per month by doing vegetable business. He was 45 years old and he supporting his aged parents and three sisters who are the claimants.

(3.) The Insurance Company contested the claim on the ground that the driver of the moped had no valid driving license. He was not driving the vehicle as per the traffic rules. The deceased was not carrying on any business and his income of Rs.10,000/- per month denied. Specifically in the counter, it has been contended that the deceased was a physically challenged person with both his legs deformed. He was 55 years old at the time of accident. He had no income of his own and he was depending of his relatives. The claimants 3 to 5 are sisters of the deceased who are already married and living separately and they are not the dependants. The Tribunal taking note of the evidence placed before it has awarded Rs.7,00,000/- as compensation, which is liable to be paid by the insured and the insurer jointly and severally with 7.5% p.a. Interest from the date of claim petition, till the date of realisation.