NEW INDIA ASSURANCE COMPANY LTD Vs. R.REVATHY

JUDGEMENT

(1.) Challenging the quantum of compensation awarded by the Tribunal, this Civil Miscellaneous Appeal is filed by the Insurance Company as against the Award dtd. 13/12/2019 passed in M.C.O.P.No.164 of 2013 on the file of the Motor Accidents Claims Tribunal, (II Additional District Court), Tiruvallur at Poonamallee.

(2.) The first respondent in this appeal is the mother of the deceased Gobesh, who sustained injuries in the accident that had occurred on 22/8/2006, involving his motor cycle bearing Registration No.TN-20-J-8849 and the Tipper Lorry bearing Registration No.TN-04-C-8929, owned by the second respondent, which was insured with the appellant-Insurance Company.

(3.) It is the case of the first respondent/claimant before the Tribunal that, on 22/8/2006 at about 17.30 hours, when the deceased Gobesh was riding his motor cycle bearing Registration No.TN-20-J-8849 on the Poonamallee By-Pass Road, near Alpha International Leather Company, the driver of the Tipper Lorry bearing Registration No.TN-04-C-8929, which was going in front of the deceased motor cycle, applied sudden brake, as a result of which, the motor cycle of the deceased hit the lorry on the left side back wheel. According to the claimant, since the driver of the lorry had suddenly applied brake without minding the vehicles coming behind the lorry, the deceased hit the lorry and sustained grievous and multiple injuries all over his body and died on the way to the hospital. It is the further case of the claimant that, at the time of accident, the deceased was earning a sum of Rs.200.00 per day and Rs.6,000.00 per month by engaging himself in coolie work. Therefore, the claimant filed the claim petition claiming a sum of Rs.8,00,000.00 as compensation before the Tribunal.