UNITED INDIA INSURANCE COMPANY LIMITED Vs. ASMABI

JUDGEMENT

(1.) Challenge in this appeal is the Order in M.C.O.P.No.146 of 2006 [09.08.2008] on the file of Motor Accident Claims Tribunal (Sub-Court), Sankari awarding compensation of Rs.29,00,000/- for the death of deceased Seriyam in the road traffic accident on 27.01.2006.

(2.) Brief facts are that on 27.01.2006 at about 8.30 P.M., deceased Seriyam was proceeding in his motor cycle bearing registration No. TN-30 T 0464 from Erode to Tiruchengode. When he was nearing Thokkavadi Muniappan Kovil in Tiruchengode - Erode Main Road, the driver of the bus bearing registration No. TN-28 E 1050 belonging to the 6th Respondent and insured with the Appellant-Insurance Company driven in a rash and negligent manner hit against the deceased motorcycle causing fatal injuries to him. Regarding the accident, criminal case was registered in Crime No.31 of 2006 under Sections 279 and 304(A) IPC of Tiruchengode Rural Police Station against the bus driver. Deceased Seriyam was holding Heavy Vehicle Driving Licence and was working in Saudi Arabia and was earning Rs.1,00,000/- per month. Alleging that the accident was due to rash and negligent driving of the bus driver and that the family has lost the support, wife, children and parents of deceased Seriyam have filed the Claim Petition claiming compensation of Rs.30,00,000/-.

(3.) Resisting the Claim Petition, Appellant-Insurance Company has filed the counter denying the negligent driving of the bus driver. Appellant-Insurance Company averred that at the time of accident, the deceased Seriyam who was riding the two wheeler was trying to cross the speed breakerand he was unbalanced with the two wheeler and hit against the protruded speed breaker and fell on the road and sustained injuries and thus the accident has occurred due to the negligent riding of the deceased. Appellant-Insurance Company has also denied the age, occupation and monthly income of the deceased.