UNITED INDIA INSURANCE COMPANY LIMITED Vs. INDIRA

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation of Rs.11,45,000/- awarded for the death of Jothi in a road traffic accident on 24.09.1999, the Appellant-Insurance Company has preferred this appeal.

(2.) Brief facts are that on 24.9.1999 at about 6.50 P.M., deceased Jothi was walking on his extreme left side of Muthukrishnapuram main road from east to west. At that time, the bus bearing registration No.TN-49 B 1955 owned by 6th Respondent and insured with the Appellant-Insurance Company proceeding from west to east driven by its driver in a rash and negligent manner without making any horn or light sign and hit against the deceased. Due to the impact, Jothi sustained grievous injuries. Immediately, after the accident Jothi was taken to Government Hospital, Panruti and inspite of treatment, Jothi succumbed to the injuries on 24.9.1999. At the time of accident, deceased Jothi was aged 38 years and was working as Assistant Electrician in Chemplast Sanmar Limited, Kadampuliyur, Panruti Taluk and was earning Rs.20,000/- per month. Regarding the accident, a Criminal Case was registered against the bus driver in Crime No.987 of 1999 under Section 304(A) I.P.C. of Nellikuppam Police Station. Alleging that the accident was due to rash and negligent driving of the bus driver, the Claimants who are wife, children and mother of the deceased Jothi have filed Claim Petition claiming compensation of Rs.25,00,000/-.

(3.) Resisting the Claim Petition, Appellant-Insurance Company has filed the counter contending that the quantum of compensation claimed by the Claimants is highly excessive and without any basis. Appellant-Insurance Company also denied the occupation and income, monthly contribution to the family and age of the deceased and contended that the quantum of compensation of Rs.25,00,000/- claimed by the Claimants is on the higher side.