NATIONAL INSURANCE CO LTD Vs. ANTHONY

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree dated 01. 08. 2006 in MCOP No. 72 of 2006 on the file of the Motor Accidents Claims Tribunal, Ist Additional Subordinate Court, Coimbatore.

(2.) BACKGROUND facts in a nutshell are as follows:-On 06. 05. 2004 at 2. 30 p. m. The deceased Stephen and his friend Hariharan were traveling in a TVS Victor motor cycle bearing registration No. TN 37 AD 8003. The motor cycle was driven by the Hariharan. Stephen was the pillion rider. They were proceeding from North to South direction in the left side of Gandhimaa Nagar road. After crossing Hudco Colony, a tempo bearing registration No. TN 37 V 8640 came in the same direction in a rash and negligent manner and dashed against the motorcycle. Due to the accident, Stephen and the driver Hariharan fell on the road and Stephen sustained head injury and multiple injuries all over the body and Hariharan sustained type-I fracture. Immediately they were taken to the PSG Hospital, Coimbatore for treatment. The rider Hariharan remained in the hospital as inpatient from 6. 5. 2004 to 10. 4. 2004. Stephen died on 07. 05. 2005. The claimant-first respondent herein is the father of the deceased. He claimed a sum of Rs. 10,29,000/-, but restricted his claim to Rs. 5,00,000/- before the Tribunal. The vehicle was insured with the appellant/insurance company and it resisted the claim. On the pleadings, the Tribunal framed the following issues:-

(3.) LEARNED counsel appearing for the appellant/insurance Company submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the driver of the tempo van. He has also submitted that the Tribunal is wrong in adopting the multiplier and the amount awarded is excessive and exorbitant compensation, without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.