NATIONAL INSURANCE COMPANY (P) LIMITED Vs. PANDIYARA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.244 of 2016, dtd. 30/11/2017 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Sivagangai.

(2.) The appellant/insurer, who was made liable to pay compensation of Rs.9,62,200.00 with interest at 7.5% per annum to the respondents 1 and 2 / claimants for the death of their brother Ravikumar consequent to an accident occurred on 4/11/2013, challenged the award for want of dependency and for granting major portion of the award to the owner of the vehicle.

(3.) The case of the claimants is that on 4/11/2013 at about 02.00 pm., one Azhagesan was riding a two wheeler bearing Registration No.TN-63-AE-7107 with the deceased Ravikumar as pillion rider in Madurai to Mandapam road to his Marakadai from north to south and at the place near O.V.C. School Speed Breaker, the driver rode the vehicle rashly and negligently and suddenly applied the break and as a result of which, the pillion rider Ravikumar fell down and sustained injuries and he was taken to Vikram Hospital, Madurai and thereafter, Rajaji Government Hospital, Maduri and subsequently, he succumbed to the injuries on 5/11/2013 and that the accident was occurred only due to the rash and negligent driving of the two wheeler rider. It is the further case of the claimants that the deceased was working as a carpenter and was earning a sum of Rs.20,000.00 per month.