LAWS(MAD)-2012-4-93

ORIENTAL INSURANCE COMPANY LIMITED Vs. K RATHIDEVI

Decided On April 18, 2012
ORIENTAL INSURANCE COMPANY LIMITED Appellant
V/S
K.RATHIDEVI Respondents

JUDGEMENT

(1.) The Insurance Company is the appellant. This appeal is directed against the award passed by the Tribunal in M.C.O.P.No.2394 of 1999, dated 06.09.2002. The appellant-Insurance Company has filed this appeal disputing the quantum alone and not the liability. The respondents are the father and mother of the deceased namely M.Hemanth Babu, a four year old boy. The case of respondents 1 and 2 before the Tribunal is that the said M.Hemanth Babu was only son and a student of L.K.G., at DAV Boys Higher Secondary School, Mogappair. On 13.09.1998, at about 20.00 hours, while the deceased boy was proceeding in an Autorickshaw, bearing Reg.No.TN 01 J 8647, in 100 Feet Road, from South to North, near Koyambedu Rountana, a Maruthi Van bearing Reg.No.TN 45 E 1013 was driven rashly and negligently and knocked the Autorickshaw behind its back. Consequently the said M.Hemanth Babu sustained multiple head injuries resulting in his death on the spot. Therefore, they filed claim petition before the Tribunal seeking for compensation of Rs.5,00,000/-, (towards loss of life Rs.4,00,000/- + expectation of love and affection Rs.1,00,000/-).

(2.) The appellant herein as second respondent before the Tribunal filed a counter affidavit and contested the matter. It is the contention of the appellant-Insurance Company that the driver of the Autorickshaw had violated the traffic rules in not allowing a vehicle coming from the right side and dashed against it and therefore, the driver of the Autorickshaw is solely responsible for the accident.

(3.) The claimants/respondents herein marked documents as Ex.P1 to P7 and also examined PW1, namely the first claimant as witness. On the other hand, there was no documents marked on behalf of the respondents therein and no witnesses were examined on their behalf before the Tribunal.