RELIANCE GENERAL INSURANCE CO. LTD Vs. S. SANTHOSAM

JUDGEMENT

(1.) The Insurance Company is on appeal. Challenge is to the award of the Motor Accident Claims Tribunal (Small Causes Court), Chennai, granting a sum of Rs.44,46,200.00 as compensation for the death of one G.Christoper, who died in a road accident that occurred on 30/6/2017.

(2.) According to the claimants, when the deceased was riding a motor cycle bearing Registration No.TN-20-BD-7801 along with two minor children as pillion riders in Tiruttani to Tiruvallur road near Tirupachur, the car bearing Registration No.TN-02-AE-4574, which came in the opposite direction, driven in a rash and negligent manner on the wrong side of the road, hit the motorcyle. As a result of the impact, the deceased suffered fatal injuries and died. Blaming the driver of the car for negligence, the claimants, who are the wife, children and mother of the deceased sought for compensation of Rs.75,00,000.00. The quantum was supported by the fact that the deceased was working as a Junior Assistant in the Metropolitan Transport Corporation (MTC) and was earning a sum of Rs.20,000.00 per month.

(3.) This claim was resisted by the Insurance Company contending that the accident did not occur in the manner as suggested by the claimants and there was negligence on the part of the rider of the two wheeler namely, the deceased. The age and income particulars of the deceased were also denied.