ORIENTAL INSURANCE CO. LTD Vs. SHANTHI

JUDGEMENT

(1.) BEING aggrieved by the quantum of compensation awarded for the death of deceased Jeyaraj, the insurance company has preferred the appeal in C.M.A.No.3661 of 2012.

(2.) BEING dissatisfied with the amount apportioned to her share, the mother of the deceased Jeyaraj has filed cross objection in Cross Objection No.107 of 2013.

(3.) BRIEF facts are that on 11.05.2006 at about 4.45 p.m., when the deceased Jeyaraj was proceeding in his motorcycle bearing Regn. No.TN 05 E 6856 on Poonamallee Byepass Road, near Sennerkuppam Pillaiyar Koil, the canter van bearing Regn. No.TN 31 B 5017 belonging to the first respondent, driven by its driver in a rash and negligent manner came from opposite direction and dashed against the deceased. In the accident, the deceased sustained fatal injuries and died on the spot. A case was registered in Crime No.52 of 2006 on the file of Poonamallee Highways Police Station for the offences under Sections 279 and 304 (A) I.P.C. The deceased was aged 32 years at the time of accident and was doing business and earning Rs.10 lakhs per annum. Alleging that the accident was due to the rash and negligent driving of the driver of the first respondent's van, the claimant/wife of the deceased has filed the claim petition, claiming compensation of Rs.50 lakhs.