HDFC INSURANCE CO. LTD Vs. MALLIKA

JUDGEMENT

(1.) These two Appeals are at the instance of the Insurance Company challenging the Compensation awarded at Rs.25,000.00 for the injury caused to the Claimant in MCOP No.1093 of 2012 and at Rs.18,35,000.00 for the death of one Gopi @ Gopinath, in MCOP No.1105 of 2012, in a Motor accident that occurred on 1/11/2009.

(2.) While the deceased Gopinath was the rider of the Motorcycle, the injured Ramesh was a Pillion Rider. The Claimants lodged the Claim Petition seeking Compensation for the death as well as the injury contending that while Gopinath was riding the Motorcycle bearing Registration No.TN21-AW-8777 with Ramesh and one Srinivasan as Pillion Riders on the East Coast Road near Koovathur, a Chevrolet Tavera Car, bearing Registration No.TN-29-H-7585, which was going ahead of them, suddenly stopped without any warning, resulting in the Motorcycle colliding with the Car from behind.

(3.) As a result of the impact, the rider and the Pillion Riders in the Motorcycle were thrown off the vehicle and they fell on the right side of the Road, unfortunately a TATA Ace goods vehicle bearing Registration No.TN-25-S-4185 which was coming in the opposite direction, ran over Gopinath, as a result of which the said Gopinath suffered fatal injuries, despite treatment he died 17 days thereafter. The Pillion Rider, Ramesh suffered various injuries.