UNITED INDIA INSURANCE CO, Vs. M.JOHN

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed challenging the award passed by the Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai in M.C.O.P.No.3474 of 2021, dtd. 18/4/2024.

(2.) C.M.A.No.793 of 2025 is filed by the claimants seeking enhancement of compensation and C.M.A.No.1174 of 2025 is filed by the Insurer of the offending vehicle challenging the quantum of compensation and also maintainability of claim petition by the claimants, who according to the Insurance Company were not dependents of the deceased.

(3.) It is not in dispute that the wife of the 1st claimant and mother of the claimants 2 to 4 namely J.Prema died in a road accident that had occurred on 25/6/2021. According to the claimants, the deceased was travelling as a pillion rider in a motorcycle bearing Registration No.TN-12- AF-8014 proceeding from East to West near Sadayappa Kalyana Mandabam, Nazarathpet. At that point of time, a lorry bearing Registration No.TN-57-BE-9783 belonged to the 1st respondent in C.M.A.No.793 of 2025 and insured with the 2nd respondent/Insurance Company came in a rash and negligent manner and dashed against the Motorcycle. As a result of the accident, the deceased was thrown out and sustained multiple injuries all over the body. Later, she succumbed to the injuries. Hence, a claim petition was filed seeking compensation of Rs.40,00,000.00.