LAWS(MAD)-2023-1-416

S.KAVITHA Vs. ANNAMALAI ENTERPRISES

Decided On January 05, 2023
S.KAVITHA Appellant
V/S
Annamalai Enterprises Respondents

JUDGEMENT

(1.) These appeals are by the Claimants and the Insurance Company respectively, challenging the award of the Motor Accident Claims Tribunal, Special Sub-Court No.1, Small Causes Court, Chennai in MCOP.No.6528/2014 dtd. 16/2/2021 granting a sum of Rs.86,85,000.00 as compensation for the death of one G.Saravanan in a road accident that occurred on 19/6/2014 at about 07.00 a.m.

(2.) According to the claimants, while the deceased was riding a Two Wheeler bearing Registration No.TN-05-AT-1443 on Paper Mill Road from East to West direction, a Van bearing Registration No.TN-20-BK-3120 belonging to M/s.Annamalai Enterprises, the 1st respondent in CMA.No.2094/2021 and 5th respondent in CMA.No.2911/2021, insured with the Royal Sundaram Alliance Insurance Company Limited, 2nd respondent in CMA.No.2094/2021 and appellant in CMA.No.2911/2021 linked with a concrete mixer, came from behind and dashed against him. As a result of the accident, the driver of the motor cycle fell down and the van ran over his head resulting his instantaneous death. Contending that the deceased was earning around Rs.67,000.00 p.m. as Project Leader in a Software company the claimants sought for a compensation of Rs.1,50,00,000.00.

(3.) The Insurance Company resisted the claim contending that there was a breach of policy condition in as much as a concrete mixer was attached with the Van. It is his further contention that the accident occurred due to the rash and negligent driving of the deceased since he attempted to overtake the vehicle on the left side. Non-wearing of a helmet was also made a ground to attribute contributory negligence to the deceased. The income particulars were denied and the total compensation claim was termed as excessive.