NATIONAL INSURANCE CO. LTD Vs. MAHALAKSHMI

JUDGEMENT

(1.) The Appellant is the Insurance Company, who suffered an Award of Compensation passed by the Motor Accident Claims Tribunal, Additional Subordinate Court, Tenkasi.

(2.) The case of the Claimants before the Tribunal was that the deceased Senthilkumar was riding the Two-wheeler on the fateful day of the accident i.e., on 13/2/2015, when, in order to avoid a dog that suddenly crossed the road in front of the Two-wheeler, he lost control of the vehicle and fell down. In the said accident, he sustained grievous injuries and fractures which subsequently resulted in his unfortunate demise on the next day i.e., on 14/2/2015. The Claimants sought for a Compensation of Rs.30,00,000..00

(3.) The Appellant filed a Counter Statement stating that the deceased was working under the First Respondent before the Tribunal and the Claimants have already got the Employee's death claim benefits in respect of the deceased and therefore, additional Compensation could not be sought for before the Motor Accident Claims Tribunal. It is also stated that the Police has registered a Criminal case only against the deceased under Sec. 304- A, I.P.C., and the Appellant, therefore, cannot be called upon to compensate the Claimants for the death of the said Senthilkumar. Thereafter, the Appellant has filed an Additional Counter stating that the Claimants have received Compensation under the ESI Act and that they are estopped from claiming Compensation under the Motor Vehicles Act.