NATIONAL INSURANCE CO LTD Vs. A ROSY

JUDGEMENT

(1.) Not satisfied with the quantum of compensation of Rs.18,33,080/- with interest at the rate of 7.5% and costs, awarded in MCOP No.3324/2011 dated 17.07.2014 on the file of Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai, awarded to the legal representatives of the deceased A.Kelvin, appellant/National Insurance Company, is on appeal. Tribunal has quantified the said sum, as hereunder:

(2.) That on 17.06.2011 at 5.50 hours, when son of the respondents 1 and 2 and brother of respondent No.3, riding his motorcycle bearing Regn. No.TN-09 AU-0783 at Anna Nagar 6th Avenue, Z Block, 14th Street Junction, Chennai, a Maruti Swift car bearing Regn. No.TN-01 AM-5149 belonging to 4th respondent, driven by him in a rash and negligent manner, dashed against the motor cycle and another car and due to the impact the motorcyclist was thrown out. He sustained grievous injuries and died in Government General Hospital. It was claimed that at the time of accident, the deceased was a Senior Consultant in Bright Choice Consultants and earned Rs.20,000/-.

(3.) Assailing the correctness of the award, Mr.J.Chandran, learned counsel for the appellant submitted that accident occurred solely due to the negligence of the motorcyclist and that the Tribunal should have awarded compensation under Section 140 of the Motor Vehicles Act.