DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED Vs. ELLAMMAL

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed by the National Insurance Company Limited against the Judgement and Decree dated 29.3.2006 made in MCOP.Nos.1084 and 1073/2003 by the Motor Accident Claims Tribunal, Tiruvannamalai. These Cross Objection Nos.21/2009 & 63/2008 are filed by the claimants in MCOP.Nos.1084 and 1073/2003 respectively.

(2.) IN and by the impugned award, the Tribunal awarded a sum of Rs.3,47,000/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization to the claimants in MCOP.No.1084/2003/Respondents 1 to 4 in CMA.No.1544/ 2008/cross objectors in Cross Objection No.21/2009, who are the mother, sisters and brother of the deceased Manikandan, who died in the motor accident that had occurred on 17.8.2003 and a sum of Rs.3,47,000/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization to the claimants in MCOP.No.1073/2003/Respondents 1 to 5 in CMA.No.1545/2008/cross objectors in Cross Objection No.63/2008, who are the wife, mother, father and sister of the deceased Vijayaraj, who died in the same motor accident.

(3.) MR .K.Rajeswaran, the learned counsel for the Respondents/claimants/cross objectors by pointing out to the entire materials placed on record would contend that the Tribunal was fully justified in rendering a finding against the van driver and passing the award against the owner of the van and the Insurance Company. He also contended that in the absence of any acceptable evidence that since three persons travelled in the motorcycle, which alone has caused the accident, there cannot be any contributory negligence on the part of those persons travelled in the motorcycle and consequently, there will be no reduction in the compensation. He would further contend that having regard to the age of the deceased, who was aged about 23 years old at the time of the accident, 1/3rd towards personal expenses has got to be deducted instead of 50 per cent and that the amount awarded for loss of consortium and loss of love and affection are also on the lower side.