NEW INDIA ASSURANCE CO. LTD. Vs. EKANATHAN

JUDGEMENT

(1.) Aggrieved by the Award dated 10.01.2012 in M.C.O.P. No. 306 of 2007 on the file of the Motor Accident Claims Tribunal (Sub -Judge), Cheyyar, Tiruvannamalai District awarding compensation of Rs.28,17,500/ - for the death of deceased Kavitha in a road traffic accident on 24.02.2007, this appeal has been filed by the appellant Insurance Company.

(2.) Brief facts are that on 24.02.2007, at about 1.45 pm, the deceased Kavitha was travelling in Bajaj Pulsar bearing Registration No. PY -01 AE 9616 as pillion rider in Selaiyur Velacherry High Road, next to Kamakshi Hospital, near Mayilai Balaji Nagar. At that time, a tanker Lorry bearing Registration No. TN -01 C 9869, belonging to the Third Respondent herein and insured with the Appellant Insurance Corporation, was driven by its driver in a rash and negligent manner and dashed against the Motorcyclists. Due to the impact, the pillion rider Kavitha sustained grievous injuries and succumbed to injuries on the way to Hospital. Alleging that the accident occurred due to the rash and negligent driving of the driver of the Tanker Lorry, the parents of the deceased Kavitha filed Claim Petition claiming compensation of Rs.85,00,000/ -.

(3.) Resisting the Claim Petition, the Insurance Company has filed counter stating that the accident was solely due to the reckless act of the rider of the Motorcycle. The appellant insurance company denied the occupation, income, monthly contribution to the family and age of the claimants and stated that the compensation claimed is excessive.