SRIRAM GENERAL INSURANCE CO .LTD. Vs. THAMARAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the second Respondent/Insurance Company against the decree and judgment dated 26.02.2015 passed in M.C.O.P.No.46 of 2014, by the Motor Accident Claims Tribunal, (Special District Court) Krishnagiri, awarding compensation of Rs.17,62,000/- to the Respondents 1 to 5/Claimants.

(2.) The respondents 1 to 5 are the claimants before the Tribunal and they are wife, son, daughter, mother and father of the deceased Murugesan, 6th respondent is the owner of the TATA ACE vehicle involved in the accident.

(3.) The case of the claimants before the Tribunal is that on 19.12.2013, at about 2.00 p.m, the deceased Murugesan was riding the motor cycle at Kalguddapatti Medu in Kaveripattinam Palacode road, very slowly and cautiously. At that time, a TATA ACE bearing Registration No.TN-24-3-4051, belonging to the 6th respondent herein and insured with the appellant was coming in the opposite side to the deceased in a rash, careless and negligent manner. The driver of the vehicle without raising the horn and also with great speed and without following the traffic rules of the road, had lost his control and dashed against the motor cycle of the deceased. Due to impact the deceased was thrown out from the motor cycle, and had sustained fatal injuries, and died on the spot itself. The motor cycle of the deceased was also damaged heavily in the accident. The accident occurred only due to the rash and negligent driving of the driver of the TATA ACE. At the time of accident the deceased was only 32 years and he was doing agricultural work and also doing milk business. The deceased was the only breadwinner of the family. The claimants/respondents 1 to 5 made a claim of Rs.20,00,000/- towards compensation on various heads.