NATIONAL INSURANCE COMPANY LTD Vs. A S GANESAN

JUDGEMENT

(1.) THIS appeal is preferred by the Insurance Company against the award dated 30. 09. 2005 made in MCOP No. 966 of 2002 by the Motor Accident Claims Tribunal, (Additional District Judge), Fast Track Court No. 5, Coimbatore at Tirupur.

(2.) BACKGROUND facts in a nutshell are as follows: on 02. 12. 2000 at about 12. 00 hours the deceased was proceeding in a motor cycle as a pillion rider, bearing registration No. TN-39 1497 from West to East in Kovai Main Road. When the deceased was nearing Car Street junction at Avinashi, a lorry bearing registration No. KL-8-G-3477 came in a rash and negligent manner from West to East in the same road without adhering to the traffic rules and dashed against the deceased. Due to the accident, the deceased sustained grievous injuries all over his body. He was taken to the CMC Hospital, Coimbatore and inspite of treatment, he died. The claimants are the father and mother of the deceased. They claimed a sum of Rs. 15,33,000/- as compensation but restricted their claim to Rs. 15,00,000/ -. The lorry was insured with the appellant / Insurance company who 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 the rash and negligent driving of the driver of the lorry bearing registration No. KL-8-G-3477. Further it is contended that the Tribunal erred in adopting the multiplier of 15 and the amount awarded by the Tribunal 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.