UNITED INDIA INSURANCE CO.LTD Vs. RAJIKA

JUDGEMENT

(1.) Aggrieved by the award of the Motor Accidents Claims Tribunal (III Additional District Court, Villupuram @ Kallakurichi) in MCOP.No.69 of 2018, wherein an award of Rs.61,33,550.00, was made for the death of one Manohar Rao in a road accident that occurred on 6/12/2017, the present appeal has been filed by the Insurance Company. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimants have filed cross-objection, seeking enhancement.

(2.) According to the claimants/respondents 1 to 5, when the deceased Manohar Rao was riding a motorcycle bearing Registration No.AP.15-AU5436 near Puthiragoundampalayam in Attur-Salem Highway, the Tanker Lorry owned by the sixth respondent bearing Registration No.TN-38-BA8700 came from behind and dashed against the motorcycle resulting in instantaneous death of the rider of the motorcycle. Claiming that the deceased was working as an Assistant Manager in a Hotel in Salem drawing a salary of Rs.31,950.00 per month, the claimants sought for a compensation of Rs.1.00 Crore.

(3.) The claim was resisted by the Insurance Company contending that there was no negligence on the part of the Lorry driver and it was the negligence of the rider of the motorcycle that caused the accident. The claim that the deceased was earning a sum of Rs.31,950.00 was stoutly disputed by the Insurance Company.