NEW INDIA ASSURANCE COMPANY LIMITED Vs. KOLANJIAMMAL (DECEASED)

JUDGEMENT

(1.) THIS appeal by the insurance company is directed against the award of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court), Virudhachalam in M.C.O.P.No.118 of 2006 dated 02.12.2006. Respondents 1 to 3 are the claimants before the Tribunal. The case of the claimants is as follows: On 14.03.2005 at about 8.30 hours, when the deceased Thirumoorthy was riding his motorcycle bearing Regn. No.TN 31 L 7902 on Trichy to Chennai Road, near Cheppakkam, the bus bearing Regn. No.TN 09 AC 4725 belonging to the fourth respondent driven by its driver in a rash and negligent manner dashed against the deceased. In the accident, the deceased sustained fatal injuries and he succumbed to injuries on his way to the hospital. A criminal case was registered in Crime No.103 of 2005 on the file of Veppoor Police Station for the offence under Sections 273 and 304(A) I.P.C. Alleging that the accident was due to the rash and negligent driving of the bus driver, the claimants viz., mother, wife and minor sons of the deceased have filed the claim petition claiming compensation of Rs.50 lakhs.

(2.) THE appellant insurance company resisted the claim petition by filing the counter interalia contending that the deceased was driving his motorcycle in a rash and negligent manner and the accident occurred due to the negligence of the deceased in driving his motorcycle and that the claim is excessive.

(3.) THE Tribunal, after assessing the oral and documentary evidence, arrived at the loss of income at Rs.20,000/ - per month and by adopting the multiplier 13, awarded the total compensation of Rs.31,75,000/ - as under: