ORIENTAL INSURANCE CO LTD Vs. JANAKI

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the Insurance Company against the decree and judgment dated 07. 03. 2007 made in MCOP No. 939 of 2005 on the file of the Motor Accidents Claims Tribunal cum Additional District Court (Fast Track Court No. 5), Coimbatore at Tiruppur.

(2.) BACKGROUND facts in a nutshell are as follows:-On 19. 08. 2005 at about 16. 30 hours, the deceased Kandasamy was riding the two-wheeler bearing Registration No. TN-39-A-2041. At that time, a van bearing Registration No. TN-37-A-6555 came from behind in a rash and negligent manner and dashed against the deceased. The deceased was thrown away and he sustained fatal injuries and died on the spot. The claimants are the wife, minor daughters, minor son and parents of the deceased. They claimed a compensation of Rs. 30,80,000/- but restricted their claim to Rs. 15,00,000/- before the Tribunal. The said van was insured with the appellant / Insurance Company, who resisted the claim. On pleadings, the Tribunal framed the following issues: a) Whether the accident had occurred due to the rash and negligent driving of the van driver or not? b) Whether the claimants are entitled to get any compensation or not? If so, what is the amount payable and from whom? after considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the van driver and awarded a compensation of Rs. 9,43,000/- with interest at 7. 5% p. a. from the date of petition. Aggrieved by the order, the Insurance Company has filed the present appeal.

(3.) LEARNED counsel appearing for the appellant / Insurance Company questioned only the quantum of compensation awarded by the Tribunal and stated that it is excessive and exorbitant, 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.