UNITED INDIA INSURANCE CO.LTD. Vs. PAVAYAMMAL

JUDGEMENT

(1.) These appeals have been filed against the judgment and decree in M.C.O.P.No.229 of 2011, dtd. 30/11/2017 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Sankari.

(2.) One Mr.Govindasamy, a former MLA of the Tamil Nadu State Legislative Assembly met with a road accident on 6/4/2010, while riding a two wheeler bearing Reg.No.TN 52 K 4576 (TVS XL Super). At the time of the accident, he was 74 years old and engaged in agriculture activities besides receiving a pension payable as a formal MLA. Stating his income and loss caused due to his death, his wife and five sons joined together and filed a claim petition seeking a sum of Rs.25,00,000.00 as compensation for the loss of income of the deceased Govindasamy arising out of the road accident. The owner of the offending vehicle and the insurer are arrayed as respondents 1 and 2. The owner of the offending vehicle remained exparte. Whereas, the Insurance Company contested the claim petition on liability as well as on quantum.

(3.) The Tribunal framed the following Issues:-