NEW INDIA ASSURANCE CO. LTD Vs. K. PARIPOORANI

JUDGEMENT

(1.) Aggrieved by the Compensation awarded at Rs.31,91,000.00 for the death of one Ajithkumar in a Motor accident that took place on 16/11/2017, the Insurance Company is on Appeal.

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

(3.) The Parents of the deceased sought for Compensation of Rs.50,00,000.00 (Rupees Fifty Lakhs Only) contending that the accident occurred due to the rash and negligent driving of the Driver of the Car bearing Registration No.TN-33-Y-2526 owned by the First Respondent insured with the Second Respondent - Insurance Company. According to the Claimants, while the deceased was riding his Motorcycle bearing Registration No.TN-42-T-8935, near KVB Dyings, Balasamutharampudhur from West to East on the extreme left of the Sivagiri-Keeranur Road at a moderate speed, a Car that was driven by one Thandapani came from the opposite direction in a rash and negligent manner, hit against the Motorcycle of the deceased. As as result of the impact, the deceased was thrown off the vehicle and died on the spot. It was also claimed that the deceased was an Engineering Graduate in Electronics and Communication Engineering and was working as a Cooking Contractor earning Rs.25,000.00 per month. As a result of the accident, the Claimants, namely, the parents of the deceased have lost their only son and therefore, they sought for a Compensation of Rs.50,00,000.00