ORIENTAL INSURANCE COMPANY LTD Vs. RAMESH BABU

JUDGEMENT

(1.) This Appeal has been filed against the award, in M.C.O.P.No.183 of 2015 dtd. 9/11/2018 on the file of the Motor Accident Claims Tribunal - Special District Judge, MACT (incharge), Madurai. The appellant herein is the respondent, the respondents herein are the claimants in the original M.C.O.P. Petition. The Respondents filed cross objection in Cross Objection (MD) No.1 of 2023 for enhancement of compensation.

(2.) A Brief substance of the claim petition in M.C.O.P.No.183 of 2015 is as follows: On 16/9/2014, at about 05.15 p.m, when the deceased - Lakshmi narayanan was riding a two wheeler, bearing Registration No.TN-59-AV-3111 along the Bangalore Rajanukunde main road, a tipper lorry bearing Registration No. KA - 43 - 5536 came from the opposite direction in a rash and negligent manner, dashed against the deceased and he died on the spot. The pillion rider-Giritharan, who sustained injury, was admitted in Bangalore R.V.R. Hospital. The deceased was an Engineer and he was doing computer repair work and was earning Rs.16,000.00 per month. The petitioners are his dependants and they claim a sum of Rs.20,00,000.00 as compensation.

(3.) A Brief substance of the counter filed by the second respondent, in M.C.O.P.No.183 of 2015, is as follows:- It was the deceased, who drove the two wheeler in a rash and negligent manner and dashed against the tipper lorry. The deceased tried to cross the road, without giving any signal and he invited the accident. The age, income and profession of the deceased are to be proved.