UNITED INDIA INSURANCE CO. LTD Vs. AMSATTHAL (DECEASED)

JUDGEMENT

(1.) The Insurance Company aggrieved by the Award passed by the Motor Accident Claims Tribunal, Subordinate Judge, Kangeyam, Tiruppur District in M.C.O.P. No.1037 of 2018, dtd. 26/10/2022, has filed the present Appeal before this Court questioning the quantum of Compensation determined by the Tribunal.

(2.) The Claimants, who were the Wife, Son and Mother of the deceased Sundaram @ Mohanasundaram filed the Claim Petition on the ground that on 27/5/2018, the deceased was riding a vehicle and his son who is a 2nd Claimant was a Pillion Rider and they were travelling at Kangeyam to Sennimalai Road at about 6.15 a.m., and they had parked the vehicle near SPS Engineering Lethe Works and were involved in a discussion. At that point of time, the offending vehicle, which was a Jeep and which was coming in the same direction dashed on the deceased Sundaram @ Mohanasundaram and he died on the spot. An FIR came to be registered in Crime No.270 of 2018, against the Driver of the offending vehicle. It is under these circumstances, the Claim Petition came to be filed before the Tribunal seeking for payment of Compensation.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of Oral and Documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the Driver of the offending vehicle viz; the Jeep. Having rendered such a finding, the Tribunal proceeded to fix the Total Compensation at Rs.17,90,000.00 under various heads as follows: