ORIENTAL INSURANCE COMPANY LIMITED Vs. B.KOLANJI

JUDGEMENT

(1.) Both the appeals arise out of the award dtd. 23/12/2022 passed in M.C.O.P.No.519 of 2019 on the file of the Motor Accident Claims Tribunal/I Additional District and Sessions Court, Cuddalore.

(2.) The claimants have filed C.M.A.No.3078 of 2024 seeking enhancement of compensation and the Insurance Company has filed C.M.A.No.2642 of 2023 questioning their liability.

(3.) The brief facts are that the claim petition had been filed seeking compensation for the death of one Bhuvaneswaran, who is said to have died in a road accident on 10/2/2019 when he was driving his TVS XL Super Moped bearing registration No.TN-07-R-3103 from K-Kallaiyankuppam to his home along Kurinjipadi to Bhuvanagiri road to the north of Adoor Agaram Paravanaru Bridge. He had overtaken the tractor of the first respondent bearing registration No.TN-32-U-7742. It is contended that the driver of the tractor drove it in a rash and negligent manner in a high speed and dashed against the moped of the deceased and the deceased fell down and the tractor ran over him, as a result of which he suffered fatal injuries. He was declared dead when he was taken to the Government Hospital at Kurinjipadi. The claimants are his wife, children and his mother. Claiming that they were his dependents, they claimed compensation of Rs.30,00,000.00.