UNITED INDIA INSURANCE COMPANY LIMITED Vs. B PADMAVATHY

JUDGEMENT

(1.) Challenge in this appeal is the award passed by the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court No.IV, Chennai in M.C.O.P.NO.2791 of 2001 awarding compensation of Rs.35,12,000/- for the death of a Mathematics teacher Late R.Ravi in road traffic accident on 08.11.2000.

(2.) On 8.11.2000, at 5.30 p.m at Poonamallee High Road in Maduravoil opposite to Petrol Bunk run by a Cooperative Society, the deceased was proceeding in his motor cycle T.V.S.Suzuki bearing Regn.No.TN-20A 350 with his colleague Krishnamurthy [PW3] as a pillion rider. The Motor cycle was proceeding from east to west. At that time, light goods vehicle bearing Regn.No.KA-01 - 8506 came in the opposite direction i.e., west to east in Poonamallee High Road and came to the southern side of the road and hit against the motorcycle. Due to the accident, the deceased sustained grievous injuries and he was immediately taken to Government General Hospital, Chennai, where he was declared dead. Regarding the accident, a criminal case was registered against the van driver in Crime No.1404 of 2000 of E4, Maduravoil Police Station. At the time of accident, the deceased was employed as a Mathematics teacher at Chinmaya Vidhyalaya School, Virugambakkam, Chennai 92 and was earning a salary of Rs.10,108/- per month. Alleging that the accident was due to the rash and negligent driving of the light goods vehicle, wife, daughter and mother of deceased Ravi have filed the Claim Petition claiming compensation of Rs.60,70,932/-.

(3.) Denying the negligent driving of light goods vehicle, the Appellant-Insurance Company has filed counter contending that the alleged accident occurred only due to the negligent riding of the motor cycle and that the driver of the goods vehicle was not responsible for the alleged accident. Appellant-Insurance Company also denied the age of the deceased and also the salary which he was earning as teacher and his alleged income from tuition. Contending that the accident was due to the negligence of the deceased, who was riding the motor cycle, the Appellant-Insurance Company prayed for dismissal of the Claim Petition.