DIVISIONAL MANAGER Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company challenging the award dated 25.01.2022 passed by the Motor Accident Claims Tribunal, whereby a total compensation of Rs.20,10,000/- was awarded in favour of the dependents of the deceased.

(2.) The brief facts leading to the filing of the present appeal are that the deceased, aged about 27 years, had completed B.Sc. (Catering Technology) and MBA (Human Resource Management). He was employed as a Manager in the Catering Section at Sooriya Beach Resort, ECR Main Road, Villupuram, and was earning a monthly income of Rs.16,000/-. On 19.05.2013, while the deceased was riding his friend's Hero Honda Passion Plus motorcycle bearing Registration No. PY-01-AV-4583 near Sangamam Quarters, he dashed against the vehicle of the third respondent, which had come to a sudden halt allegedly due to animal intervention on the road.

(3.) The claimants filed a claim petition seeking compensation of Rs.41,00,000/-, contending that the accident occurred due to the rash and negligent driving of the third respondent and that the offending vehicle was insured with the appellant-Insurance Company, thereby making the appellant and the third respondent jointly and severally liable to pay compensation. Upon consideration of the oral and documentary evidence adduced on either side, the Tribunal awarded a total compensation of Rs.20,10,000/- under various heads, including loss of income, medical expenses, loss of consortium, loss of love and affection, and funeral expenses, after deducting 15% towards contributory negligence on the part of the deceased. Aggrieved by the said award, the Insurance Company has preferred the present appeal.