UNITED INDIA INSURANCE COMPANY LIMITED Vs. K ANYSUYA

JUDGEMENT

(1.) The award passed by the Motor Accident Claims Tribunal/ Additional District Judge, Fast Track Court No.V, Coimbatore in M.C.O.P.No.29 of 1996 dated 21.1.2003 awarding compensation of Rs.11,70,000/- for the death of deceased Krishnamoorthy in road traffic accident on 10.10.1995, is under challenge in this appeal.

(2.) Brief facts: On 10.10.1995 at 11.30 p.m., the deceased Krishnamoorthy was riding his TVS motor cycle bearing registration No.TN-39 A 1700 on Avanashi Road, Tiruppur. When he was nearing Gandhi Road bus stop, Canter van bearing registration No.TN-38 7612, belonging to the 2nd Respondent (in M.C.O.P.No.29 of 1996) driven by the 1st Respondent-driver, in a rash and negligent manner hit against the motorcyclist and the Canter van ran over the deceased. Due to the impact, Krishnamoorthy sustained grievous injuries. Immediately, he was taken to Tiruppur Government Hospital where he was given first aid and then referred to Coimbatore Government Hospital and on the way to Coimbatore Government Hospital, he succumbed to the injuries. Regarding the accident, a Criminal case was registered against the van driver [1st Respondent] in Crime No.949 of 1995 of Tiruppur North Police Station under Sections 279 and 304(A) IPC. At the time of accident, the deceased was working as Attender in Tiruppur Textile Limited and was getting salary of Rs.5,126/- per month. The deceased was also getting bonus of Rs.6,600/- per annum. Alleging that the owner and insurer are liable to compensate the claimants, wife and parents of deceased have filed the Claim Petition claiming compensation of Rs.20,00,000/-.

(3.) Resisting the Claim Petition, Appellant-Insurance Company has filed the counter contending that (a)the accident was due to the composite negligence of the deceased and the driver of the van; (b)the owner and insurer of the motorcycle bearing Registration No.TN-39 A 1700 are necessary parties to the Claim Petition and the Claim Petition is bad for non-joinder of necessary parties and (c)the quantum of compensation claimed by the Claimants is excessive.