S THYAGARAJAN Vs. P ASHOK KUMAR

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the Insurance Company against the award and decree dated 12. 4. 2004 passed in MCOP No. 161 of 2002 on the file of the Motor Accidents Claims Tribunal (1st Additional District Judge), Salem. The claimants have filed the Cross Objection.

(2.) THE brief facts in a nutshell are as follows:-On 13. 08. 1999 at about 8. 30 a. m. , the deceased Raguraman along with his uncle, was waiting at Seshanchavadi Veterinary Hospital Bus Stop for going to school at Valapady. The deceased was standing on the northern side mud portion of the Salem to Attur N. H. Road. At that time, a Ceilo car bearing Registration No. TN-27-K-2026 came from behind at high speed in a rash and negligent manner and dashed against the deceased. Due to the accident, the deceased sustained severe head injuries-Brain Stem lesion, fracture of left humours, fracture of both bones in the left lower limbs and injuries all over the body. Immediately the deceased was admitted in Sri Palaniandi Mudaliar Memorial Hospital at Salem and he was taking treatment from 13. 08. 1999 to 16. 08. 1999 as in-patient. For better treatment, he was taken to K. G. Hospital, Coimbatore and admitted on 17. 08. 1999 as in-patient. Later he died on 16. 03. 2000 at 11. 00 p. m. The claimants are the parents of the deceased. They claimed a compensation of Rs. 20,00,000/- before the Tribunal. The car was insured with the second appellant / Insurance Company, who resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) LEARNED counsel appearing for the Insurance Company in the appeal, submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the car driver. It is also further stated that the Tribunal awarded excessive and exorbitant compensation and therefore the order passed by the Tribunal is without basis and justification and the same should be set aside.