ROYAL SUNDARAM GENERAL INSURANCE CO. LTD Vs. PAULINMARY

JUDGEMENT

(1.) Feeling aggrieved by the Award, dated September 15, 2021 passed by the Motor Accidents Claims Tribunal, Subordinate Court, Gingee [henceforth Tribunal for brevity] in M.C.O.P. No.605 of 2018, the Second Respondent therein, namely, Royal Sundaram General Insurance Company Ltd. has preferred this Civil Miscellaneous Appeal.

(2.) For the sake of convenience, henceforth, the parties will be referred to as per their array before the Tribunal.

(3.) It is the case of the Petitioners that they are the dependents of the deceased - Sagayaraj. On June 9, 2018, at about 18.40 hours, the deceased was riding his Motorcycle towards Gingee from Thiruvannamalai. While nearing Sathiyamangalam Village, Varaha Nadhi Bridge, a Car bearing Registration No.TN-09-CB-0750 came in the same direction in a rash and negligent manner, and dashed against Sagayaraj's Motorcycle. In the said accident, Sagayaraj sustained multiple injuries and he was taken to the Government Hospital, Gingee and then he was referred to JIPMER Hospital, Pondicherry and thereafter, he was transferred to Rajiv Gandhi Government General Hospital, Chennai and subsequently, he succumbed to those injuries. The 1st Respondent is the Owner of the Car and Second Respondent is the insurer of the 1st Respondent's Car. 1st Petitioner is the wife, 2nd Petitioner is the Son, 3rd Petitioner is the Daughter, and 4th Petitioner is the Mother, of the deceased-Sagayaraj. According to the Petitioners, at the time of accident, the deceased was 40 years old and was earning a sum of Rs.15,000.00 per month. Accordingly, the Petitioners filed Claim Petition before the Tribunal seeking Compensation of a sum of Rs.50,00,000.00 (Rupees Fifty Lakhs Only). 1st Respondent's case: