NATIONAL INSURANCE CO LTD Vs. K RUPASHANTHINI

JUDGEMENT

(1.) Challenge in this appeal is the award in M.C.O.P.No.330 of 2007 (dated 29.04.2008) on the file of the Motor Accident Claims Tribunal, Additional District Judge, (Fast Track Court-IV), Bhavani, in which the Tribunal has awarded compensation of Rs.26,38,000/- for the death of the deceased Vijayakumar.

(2.) Brief facts are that on 23.10.2006 at about 5.30 p.m., Vijayakumar was riding the motorcycle bearing Registration No.TN 45 P 7273 in Erode to Gobi Road. When the two wheeler was nearing Othakuthirai, the lorry bearing Registration No.TN 28 K 8729 driven by the fourth respondent in a rash and negligent manner came in the opposite direction and dashed the motorcycle. Due to the accident, the deceased Vijayakumar was thrown away and fell down on the southern edge of the road and sustained grievous injuries in head, left thigh and all over the body. The deceased Vijayakumar was taken to Gobi Government Hospital and he died on his way to the hospital. Regarding the accident, criminal case was registered against the fourth respondent in Crime No.759 of 2006 on the file of Gobi Town Police Station for the offence under Sections 279 and 304 I.P.C. From 01.04.2005 to 23.10.2006, the deceased was working as Supervisor in M/s.Star Tyre Retreading, Erode and was getting salary of Rs.5,000/- and bonus of Rs.5,000/-. The deceased Vijayakumar was also working as commission agent in TVS Finance and Services Limited and earning Rs.22,000/- per month. Alleging that the accident was due to the rash and negligent driving of the lorry driver and that the family has lost the support, wife, minor son and mother of the deceased have filed claim petition, claiming compensation of Rs.53,30,000/-.

(3.) The appellant insurance company resisted the claim petition, denying the manner of accident and also rash and negligent driving of the lorry by the fourth respondent. According to the appellant-insurance company, the fourth respondent was driving the lorry slowly and cautiously in a moderate speed and only Vijayakumar was riding the motorcycle carelessly, rashly and negligently and invited the accident and thus contributed to the accident. The insurance company has also denied the age, occupation and income of the deceased Vijayakumar.