NEW INDIA ASSURANCE CO. LTD. Vs. B. MAHESH

JUDGEMENT

(1.) Questioning the quantum of compensation awarded by the Tribunal (V Judge, Court of Small Causes), Chennai made in MCOP No.4352 of 2010 dated 21.10.2013, the insurance company has filed C.M.A.No.994 of 2014.

(2.) Being dissatisfied with the award amount of Rs.35,46,500/- the claimant has filed Cross Objection in Cross Objn. No.83 of 2014, seeking enhancement of compensation.

(3.) The brief facts of the case are that on 05.11.2010 at about 11.00 hours, when the claimant was riding his motorcycle bearing Regn. No.TN 22 AR 7844 on Sabari Salai from Madipakkam to Karthikeyapuram, another motorcycle bearing Regn. No.TN 22 AM 7484 rode by its rider in a rash and negligent manner came from opposite side and dashed against the claimant. In the accident, the claimant sustained grievous injuries. A criminal case was registered in Crime No.1491 of 2010 on the file of St. Thomas Mount Traffic Investigation Department. Alleging that the accident was caused due to the rash and negligent riding of the first respondent (deceased), the claimant has filed claim petition claiming compensation of Rs.40 lakhs.