KAVITHA Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) Civil Miscellaneous Appeal in CMA.No.886/2021 has been filed by the Insurance Company seeking to set aside the Judgment and Decree dated 12.04.2019 made in M.C.O.P.No.09 of 2018 on the file of Motor Accident Claims Tribunal/Special District Judge, Dharmapuri. Civil Miscellaneous Appeal in CMA.No.94/2021 has been filed by the claimant seeking enhancement of the amount awarded by the Tribunal in the judgment dated 12.04.2019 made in M.C.O.P.No.09 of 2018 on the file of Motor Accident Claims Tribunal/Special District Judge, Dharmapuri.

(2.) The brief facts relevant for appreciation of the case are as follows: The claimants before the Tribunal are the parents, brother and sister of the deceased Ramarathinam. The said Ramarathinam was employed as Software Engineer in "Mindtree Company", Bangalore. He was drawing a sum of Rs.65,807/-.

(3.) On 15.07.2017 at about 07.30 am, the said Ramarathinam was riding Honda CBR Motor cycle bearing Registration No.KA 01 HD 3103 from Bangalore to Salem. When he was passing through Krishnagiri to Dharmapuri National Highway near Annapoorna Hotel in Dharmapuri, a Tarus Lorry bearing Registration No.TN-24-W-6379 which was coming from behind the two wheeler was driven by its driver in the rash and negligent manner, hit the two-wheeler, thereby, the said Ramarathinam was thrown away from the two wheeler. In the impact, he suffered multiple fractures which caused his instantaneous death on the spot. In connection with this accident, the Dharmapuri Police had registered a case in Cr.No.638 of 2017 under Sections 279, 304 (A) of the IPC.