NATIONAL INSURANCE CO. LTD. Vs. LEELA SHANKAR

JUDGEMENT

(1.) This appeal arises out of the order passed by the Motor Accident Claims Tribunal, Special Sub-Judge, Coimbatore in MCOP No. 1731 of 2014 dtd. 8/3/2019.

(2.) This is a case of compensation for the death of a foreign citizen by name, Mrs. Tess Williams, a freelance writer, who came down to India, met with a road accident and succumbed to the injuries. According to the claimant, he was a Chef and he married the deceased on 5/1/2013 at North Carolina. On 26/4/2014, the deceased met the claimant at Coimbatore and stayed at Hotel SBS Grand She. In order to change the hotel, the deceased left the hotel on 3/5/2014 at an early hours of the day and boarded an Auto Rickshaw bearing Reg. No. TN-37-U-2738 to go to Hotel Residency. The said auto was driven by its driver on the Avinashi High Road and when the auto was nearing Peelamedu, the deceased said to have thrown from the auto, due to the rash and negligent driving of the driver. In the accident, the deceased sustained several injuries. Immediately, she was taken to the CMC Hospital, Coimbatore, where she died. The 2nd respondent herein is the driver and the 3rd respondent herein is the owner and the appellant is the insurer of the offending auto. Respondents 4 and 5 are the parents of the deceased. According to the claimant, the deceased was a Freelance writer and she had authored several novels and her earning for the year 2013, $ 13,589 USD which was equivalent to INR 8,31,850/-. Hence, he claimed Rs.1,50,00,000.00 as compensation.

(3.) Resisting the claim, the appellant Insurance Company filed their counter disputing the manner of accident, age, avocation and income of the deceased and its liability to pay the compensation. It was also contended that the claim is excessive and exorbitant.