UNITED INDIA INSURANCE CO.LTD Vs. YASODA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal and Cross Objection are directed against the Award, dated 17.08.2015 passed by the Motor Accidents Claims Tribunal, Chennai in M.C.O.P.No.724 of 2012. Insurance company filed the appeal challenging the quantum and Cross Objection has been filed by the claimants for enhancement of the Award.

(2.) The parents of the deceased are claimants. R.Govarthanam, while riding the two wheeler at 7 p.m on 28.09.2006 on the National Highways near Rajakulam, lorry bearing Registration No.TN 09 E 1211 belonging to the third respondent and insured with the appellant was driven by its driver rashly and negligently and hit against the victim and he succumbed to the injuries in the hospital. The deceased was aged 26 years and working as Personal Assistant to MLA and his earning was Rs.15,000.00 p.m. He is unmarried and the respondents 1 and 2, being parents are his dependants.

(3.) The Tribunal, after analysing the evidence of both sides, awarded compensation (i) towards loss of dependency - Rs.14,85,000.00; (ii) towards loss of love and affection, mental agony, loss of estate and loss of expectancy of life - Rs.1,00,000.00; (iii) towards funeral expenses - Rs.25,000.00, totally Rs.16,10,000.00 . Aggrieved against the Award, the Insurance Company has come forward with the Civil Miscellaneous Appeal and the parents of the dependant has come forward with the Cross Objection.