UNITED INDIA INSURANCE CO. LTD Vs. KAVITHA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the Award passed in M.C.O.P. No.84 of 2017, dtd. 19/6/2020 on the file of the Motor Accident Claims Tribunal/Additional District Court, Palani.

(2.) The Appellant/Insurer, who was made liable to pay Compensation of Rs.24,64,000.00 (Rupees Twenty Four Lakhs and Sixty Four Thousand only) with Interest at 7.5% per annum to the Respondents 1 to 4/Claimants, for the death of Raja, consequent to an accident occurred on 14/6/2015, challenged the liability mulcted on it and also the quantum of Compensation awarded at, by the Tribunal. For the sake of convenience and brevity, the parties herein after will be referred to as per their status/ranking in the Tribunal.

(3.) The case of the Claimants is that on 14/6/2015, when the deceased Raja, after completing his work of taking Photographs and Video for the Marriage Reception at ARC marriage hall, Kaniyur, Palani, was returning at about 10.00 p.m. in his Hero Honda Plus Two-wheeler bearing Registration No.TN-57-AX-0528 in Palani-Udumalai road and at the place near Madathukulam, Aathupalam old toll gate, a Qualis Car bearing Registration No.TN-43-A-4995, which came in the opposite direction in a rash and negligent manner, had dashed against the Two-wheeler and as a result of which, the Two-wheeler Rider-Raja was thrown out and sustained serious injuries and died on the spot itself and that the accident was occurred only due to the rash and negligent driving of the Qualis Car Driver.