LAWS(MAD)-2016-4-402

UNITED INDIA INSURANCE CO.LTD. Vs. K.GNANAVALI

Decided On April 13, 2016
UNITED INDIA INSURANCE CO LTD Appellant
V/S
K GNANAVALLI; MINOR K MURALIDHARAN; MINOR K GOWTHAMANI; T V SUGAN; THIYAGARAJAN Respondents

JUDGEMENT

(1.) The appellant/insurer of the vehicle has filed the appeal challenging the award dated 27.06.2014, passed by the Motor Accident Claims Tribunal, (II Small Causes Court), Chennai, made in MCOP No.5409 of 2012.

(2.) It is a case of fatal accident. On 12.05.2012, at about 6.35 p.m., when the deceased Kumar, aged about 42 years, was riding his Motorcycle bearing Regn. No.TN-10-X-1495 on the T.H. Road from Tiruvotriyur, the lorry, bearing Regn. No.TDX-3015 belonging to the fifth respondent herein, driven by its driver in a rash and negligent manner, hit the motorcycle from behind due to which the deceased suffered grievous injuries and died on the spot. A case was registered against the driver of the lorry.

(3.) The deceased, on the date of accident, was self-employed working an electrical contractor for various leading construction companies and it is stated that he was earning more than Rs.35,000/= per month. The respondents, viz., the wife, minor children and father of the deceased have filed the claim petition claiming a sum of Rs.50,00,000/= as compensation.