R.VANITHA Vs. D.JANARTHANAN

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the appellants/claimants for enhancement of compensation awarded by the Motor Accident Claims Tribunal, I Additional District and Sessions Judge, Cuddalore, in M.C.O.P. No. 369 of 2016 dated 07.07.2020.

(2.) As per the averments in the claim petition filed before the Tribunal,on 21.07.2015 at about 14.30 hrs when the deceased was proceeding in the Yamaha motor cycle bearing registration number PY 01 BU 5627 from south to north, at a moderate speed, keeping extreme left of Airport Main Road, near Women's Polytechnic College, Lawspet, Pondicherry, a Honda Hunk Motor Cycle bearing registration number PY 01 AN 8993 came in a rash and negligent manner in a opposite direction in a rash and negligent manner and hit the deceased which led to the death of the deceased. The claimants are the wife, daughter and minor son of the deceased. The claimants claimed a sum of Rs.30,00,000/- towards the compensation for the death of the deceased/Ravi.

(3.) Before the Tribunal, the 1st respondent insurance company filed counter by denying the manner of accident as alleged in the claim petition. The Insurance Company resisted the claim petition by stating that the deceased failed to observe traffic on the road and tried to cross the junction and in that process the deceased dashed against the said Honda Hunk Motor Cycle and the deceased was solely responsible for the said accident. Even though the insurance company is the insurer of the offending vehicle, contributory negligence is there on the part of the deceaseed. The Insurance Company also disputed the age and occupation of the deceased and also the amount of compensation claimed under various heads.