NATIONAL INSURANCE COMPANY LIMITED Vs. R SARASWATHY

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree dated 25. 08. 2006 made in MACTOP No. 2305 of 2004 on the file of the Motor Accidents Claims Tribunal (Chief Judge), Small Causes Court, Chennai.

(2.) BACKGROUND facts in a nutshell are as follows:-On 05. 04. 2004 at about 17. 45 hours, one Rajendra Singh was travelling as a pillion rider in a Motor cycle bearing registration No. TN-22-J-3929 from Pallavaram to Pozhichalur. When the said Motor cycle was nearing the junction of Pallavaran Chandy Road, a lorry bearing registration No. TN-01-J-1656 came in a rash and negligent manner and dashed against the motor cycle. Due to the said accident, the pillion rider had sustained fatal injuries. Thereafter, he was admitted to a private hospital viz. , Lakshmi Nursing Home, Pallavaram, Chennai, and during his treatment, he died. The claimants are the wife, son and daughter of the deceased Rajendra Singh. They claimed a sum of Rs. 15,00,000/- as compensation before the Tribunal. The lorry was insured with the appellant. The Insurance Company 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 only due to rash and negligent driving of the driver of the lorry bearing registration No. TN-01-J-1656. Further it was contended that the multiplier adopted by the Tribunal is wrong and the amount awarded by 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.