RELIANCE GENERAL INSURANCE CO. LTD., Vs. GEETHANJALI

JUDGEMENT

(1.) Feeling aggrieved by the Award dated March 25, 2022 passed in M.C.O.P. No.2413 of 2019 on the file of the 'Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai' ['Tribunal' for short], the second respondent therein / Insurance Company has preferred this Civil Miscellaneous Appeal.

(2.) For the sake of convenience, the parties will hereinafter be referred to as per their rank in the Motor Accident Claims Original Petition. PETITIONERS' CASE

(3.) The first petitioner is the wife of the deceased - Bharath. Second petitioner is his minor son while 3rd and 4th petitioners are his parents. On March 17, 2019 at about 07.00 a.m., while the deceased was riding his motorcycle bearing Registration No.TN-22-BJ-2212 in South to North direction on Anna Salai, Teynampet, along with 4th petitioner in another two wheeler, a Tata Super Ace bearing Registration No.TN-31- BB-8038 driven in a rash and negligent manner coming from the opposite lane, suddenly crossed the center median and dashed against the motorcycle ridden by the deceased and due to the impact, the deceased sustained multiple injuries all over his body. Immediately, he was taken to Government Royapettah Hospital, Chennai where he was declared as 'brought dead'. At the time of accident, the deceased was aged about 31 years. He was working as Member Technical Staff, Zoho Corporation Pvt. Ltd., and was earning a sum of Rs.1,00,000.00 (Rupees One Lakh only) per month. The 1st respondent is the owner and the 2nd respondent is the insurer of the said Tata Super Ace bearing Registration No.TN-31-BB8038. Hence, the petitioners filed the Original Petition claiming compensation of Rs.1,50,00,000.00 (Rupees One Crore Fifty Lakhs only) from the respondents. FIRST RESPONDENT'S CASE