SHANTHI Vs. R. KARTHIKAYINI

JUDGEMENT

(1.) Being aggrieved by the award and decree dtd. 29/3/2019 passed by the Motor Accident Claims Tribunal(Principal District Judge), Pudukkottai in M.C.O.P.No.725 of 2017 in respect of the quantum of compensation awarded to the claimants for the death of one Thiruppathi in a road traffic accident occurred on 27/8/2017, the appellants/claimants, have preferred this Civil Miscellaneous Appeal.

(2.) Brief facts are that on 27/8/2017 at about 4.00 p.m., when the deceased Thiruppathi was riding his two-wheeler bearing Registration No.TN55 H 8986 Activa, from Sivanthanpatti to Pudukkottai in Thanjavur-Pudukkottai main road, near Chinnayachathiram Pandian Veeralakshmi's house, a car bearing Registration No.TN 55AC 9396 owned by the first respondent and insured with the second respondent came in a rash and negligent manner and dashed against the two wheeler. In the said accident, the deceased sustained grievous injuries all over the body and succumbed to the injuries sustained. At the time of accident, the deceased was aged 58 years and was working as Headmaster in Panchayat Union Primary School and was earning Rs.70,000.00 per month. Regarding the accident, a Criminal Case was registered against the Driver of the car and subsequently, charge sheet was also laid as against the Driver of the car. Alleging that the accident was due to rash and negligent driving of the lorry, the Claimants, have filed the claim petition claiming compensation of Rs.60,00,000.00.

(3.) Resisting the Claim Petition, the Insurance Company has filed counter contending that the accident occurred only due to the reckless act of the deceased and the quantum of compensation claimed by Claimants is highly excessive and without any basis.