NEW INDIA ASSURANCE COMPANY LTD Vs. RAVICHANDRAN

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation of Rs.14,75,000/- awarded for the death of Gandhimathi in road traffic accident on 25.11.2005, the Appellant-Insurance Company has preferred this appeal. Being dissatisfied with the quantum of compensation of Rs.14,75,000/-, Claimants have preferred Cross Objection No.54 of 2012.

(2.) Brief facts are that on 25.11.2005 at about 10.45 A.M., deceased Gandhimathi was riding her TVS Scooty bearing registration No.TN-39 S 5595 from north to south on Palladam road in Tirupur on the extreme left. At that time, tanker lorry bearing registration No.TCI 8833 owned by the 4th Respondent driven by its driver in a rash and negligent manner came from behind and hit against the deceased and that the deceased was thrown away. Due to the impact, Gandhimathi sustained multiple injuries and died on the spot. At the time of accident, the deceased Gandhimathi was aged 34 years and was said to be working as General Manager in Roopa Processing, Tirupur and stated to be earning Rs.15,000/- per month. Regarding the accident, a Criminal Case was registered against the lorry driver in Crime No.1139 of 2005 under Section 279 and 304(A) I.P.C. of Tirupur Rural Police Station. Alleging that the accident was due to rash and negligent driving of the lorry driver, the Claimants who are husband, minor son and minor daughter of deceased Gandhimathi have filed Claim Petition claiming compensation of Rs.30,00,000/-

(3.) Resisting the Claim Petition, Appellant-Insurance Company filed the counter contending that on 25.11.2005, the driver of the lorry drove the same in a slow speed and that the accident occurred only due to rash and negligent riding of the deceased. Appellant-Insurance Company also denied the occupation and income, monthly contribution to the family and age of the deceased and that the compensation claimed is excessive.