THE ORIENTAL INSURANCE COMPANY LIMITED, NO.281, CROSS CUT ROAD, GANDHIPURAM, COIMBATORE Vs. P.V. DAMODHARAN

JUDGEMENT

(1.) Being aggrieved by the award, dated 28.03.2013, made in MCOP No.515 of 2005, on the file of the Motor Accidents Claims Tribunal (II Additional District and Sessions Judge), Tiruppur, the Oriental Insurance Company Limited, Coimbatore, has preferred this appeal.

(2.) Short facts leading to the appeal are that on 02.02.2005, about 12.50pm, when Prakash was riding a motor cycle bearing Regn.No.TN38 W 1914 on Kovai Avinashi Main Road, opposite to PSG College of Technology, a Tempo Van bearing Regn.No.TN39F 9990, insured with the appellant-Oriental Insurance Company Limited, driven by its driver in a rash and negligent manner, dashed against the motorcycle, resulting in grievous injuries. Though, the injured was provided intensive treatment in Coimbatore PSG College, he died on 11.02.2005. In this regard, a case in Cr.No.45 of 2005 has been registered against the driver of the tempo van on the file of TIW East Police Station.

(3.) Parents filed MCOP No. 515 of 2005 on the file of Motor Accidents Claims Tribunal (II Additional District and Sessions Judge), Tiruppur, claiming compensation of Rs.50 Lakhs. According to them, at the time of the accident, Prakash was aged about 22 years, and that he was in final year B.E. (Electronics and Communication), in PSG College of Technology. Before the tribunal, they have further stated that during college campus interview, he was offered employment in Cognizant Technology Solutions India Private Limited, Chennai, at an annual salary of Rs.2,11,500/-. In support of offer of employment, from the said company respondents/claimants have produced Ex.P10. To prove the educational qualifications respondents/claimants have marked Ex.P11, 10th standard mark-sheet, Ex.P12, 12th standard mark-sheet and Ex.P13, mark sheet issued by PSG College. That apart, respondents/claimants have marked, Ex.P9, medical bills and other documents.