RELIANCE GENERAL INSURANCE CO. LTD. Vs. M. GANAPATHYSUNDARAM

JUDGEMENT

(1.) THE present Civil Miscellaneous Appeal, has been filed by M/s.Reliance General Insurance Company Limited, Salem, challenging the quantum of compensation awarded to the 1st respondent/claimant, vide judgment dated 28.03.2012 in M.C.O.P.No.444 of 2009 on the file of the Motor Accidents Claims Tribunal (Sub Judge), Udumalpet.

(2.) THE 1st respondent is the claimant before the tribunal and he is the younger brother of the deceased Muthalagan. It is the case of the 1st respondent/claimant before the claims tribunal, that on 28.11.2009, when the deceased Muthalagan, was driving a Platina Motorcycle, owned by one Akbar Ali, bearing Regn.No.TN59AE6089, at Udumalpet to Dharapuram Main Road, from South to North, a lorry bearing Regn.No.TAN3569, owned by the 2nd respondent and insured with the appellant Insurance Company, came in a rash and negligent manner and dashed against the two wheeler and thus, caused the accident. In the said accident, the brother of the 1st respondent/claimant died on the spot and hence, he made a claim as against the owner of the lorry and its insurer claiming a sum of Rs.15,00,000/ - as compensation in M.C.O.P.No.444 of 2009 on the file of the Motor Accidents Claims Tribunal (Sub Judge), Udumalpet.

(3.) ON the quantum of compensation, it is the case of the 1st respondent/claimant that his father died on 12.12.1996 and mother died on 10.01.1991 and his sister got married and is living separately. The 1st respondent/claimant is totally depending upon his deceased brother for his livelihood and hence, he made the claim as stated supra.