ORIENTAL INSURANCE COMPANY LIMITED Vs. GOVINDASWAMY

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (II Additional District Judge), Salem in M.A.C.T.O.P.No.826 of 1998 for the death of the deceased G.Kathiravan in the road traffic accident occurred on 4.4.1998, the appellant Oriental Insurance Company Limited, Erode has filed this appeal.

(2.) Brief facts are that on 4.4.1998 when the deceased G.Kathiravan was travelling in Her Honda Splendar Motor cycle bearing Regn.No.TN 28 D 2379 near Karrukkur village on Namakkal to Trichengode Main Road, a tipper lorry bearing Regn.No.TME 8937 was driven by its driver in a rash and negligent manner and hit the motor cycle and deceased sustained fatal injury and died on the spot. A criminal case in Crime No.216 of 1998 was registered on the file of Elachipalayam Police Station for the offence under Section 304A I.P.C. The deceased was aged 29 years old and a bachelor at the time of accident and working as Application Developer (Engineer) in Complete Business Solution (India) Limited, (in short, "C.B.S.I.Limited") at Chennai and he studied B.E., Mechanical and Computer and obtained Diploma in T.B.M., Mainframe and Y2K Technology and also Certificate for Autocade Training Info Data Systems and got high technical qualifications and was drawing a salary of Rs.10,200/- per month. Alleging that the accident was due to the rash and negligent driving of the driver of the tipper lorry owned by the 3rd respondent herein and insured with the appellant Insurance company, the claimants/respondents No.1 and 2 herein, who are parents of the deceased, have filed the claim petition, claiming compensation of Rs.30,00,000/-.

(3.) Resisting the claim petition, the appellant Insurance Company filed a counter affidavit, denying the manner of accident, age, avocation and income of the deceased, besides contending that the claim made by the claimants is very excessive and the claimants have to prove that the driver of the lorry had a valid driving licence and that the lorry is insured with the appellant. The deceased had no valid driving licence to ride the motor cycle and the accident took place due to the negligence of the deceased.