ROYAL SUNDARAM ALLAINCE INSURANCE CO.LTD., Vs. SIVAKUMAR

JUDGEMENT

(1.) Challenge in this appeal filed by M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai, is to the quantum of compensation of Rs. 16,66,300.00, with interest, at the rate of 7.5% per annum and costs, from the date of claim, till the date of deposit, awarded to the mother, legal representative of the deceased, stated to be a Flatlock Tailor in Jupiter Knitting Company, Tiruppur and aged 32 years, at the time of accident.

(2.) Material on record discloses that on 20.12009, when Sivakumar, was riding a Motorcycle, bearing Registration No.TN 39 Y 4984, a van, bearing Registration No.TN 39 AS 1671, driven in a rash and negligent manner, insured with the appellant-Insurance Company, dashed against the two-wheeler, due to the impact, he fell down and sustained grievous injuries. Immediately, he was taken to Revathi Hospital, Tirupur and given treatment. Thereafter, he was admitted in KG Hospital, Covai. In this regard, a case in Cr.No.1912 of 2010, has been registered, against the driver of the Van, for the offences, under Sections 279 and 337 IPC., on the file of Anuparpalayam Police Station. Though claim was made by S. Sivakumar, during trial, he succumbed to the injuries and on his behalf, mother of the deceased perused the claim, for compensation of Rs. 25,00,000.00.

(3.) Before the Claims Tribunal, mother of the deceased examined herself as PW.1, and deposed about the manner of accident. She has marked FIR as Ex.P1, Ex.P2 - Salary Certificate, Exs.P3 & P5 - Medical Bills, Ex.P4 - Discharge Summary and Ex.P6 - Identity Card. There is no oral or documentary evidence, on the side of appellant-Insurance Company. Evaluating the same, the Claims Tribunal fixed negligence on the driver of the van, insured with the appellant-Insurance Company.