RELIANCE GENERAL INSURANCE CO LTD Vs. G PADMAVATHY; G SANTHIYA; MINOR G SUGANYA; M SINGARAM; T MAYILSAMY; M SURESH KUMAR; P MANIKANDAN

JUDGEMENT

(1.) Challenge in this appeal by M/s.Reliance General Insurance Company Limited, Coimbatore, is to the compensation of Rs.50,35,941/- with interest, at the rate of 7.5% per annum, from the date of petition till deposit, awarded to the legal representatives of the deceased viz., wife, two daughters and parents.

(2.) Facts leading to the appeal are that on 27.02.2015, about 8.00pm, when Ganesan, the breadwinner of the respondents was riding a motorcycle bearing Regn.No.TN33-AY-3409 at Kangayam to Dharapuram Road near Kundadam Junction, another motorcyclist, bearing Regn.No.TN38-AZ-3850, insured with M/s.Reliance General Insurance Company Limited, Coimbatore, driven in a rash and negligent manner, dashed against the motorcycle bearing Regn.No.TN33-AY-3409. In the result, the rider of the vehicle bearing Regn.No.TN33-AY-3409, was thrown out and sustained grievous injuries and on the way to hospital, he died. In this regard, a case in Cr.No.28 of 2012, under Sections 279 and 304-A IPC, has been registered against the motorcyclist, bearing Regn.No.TN38-AZ-3850, on the file of Uthiyur Police Station.

(3.) Respondents, wife, Daughters, aged about 21 and 16 years respectively, parents aged about 70 years and 60 years respectively, have filed MCOP No.386 of 2012 on the file of the learned III Additional District Judge, Dharapuram and claimed compensation of Rs.50 Lakhs. According to them, on the date of accident, the deceased was a foreman in Tamilnadu Electricity Board and earned Rs.36,000/- per month. They have further submitted that on account of the sudden demise of the breadwinner, they have lost his estate.