UNITED INDIA INSURANCE CO LTD Vs. MENAKA

JUDGEMENT

(1.) Both the appeals herein have been filed against the award passed in M.C.O.P.No.1788 of 2011 dated 24.01.2014 by the Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai. C.M.A.No.3346 of 2014 has been filed by the Insurance Company challenging the quantum of compensation awarded and praying to reduce the same and C.M.A.No.2752 of 2014 has been filed by the claimants seeking to enhance the quantum of compensation awarded.

(2.) The respondents 1 and 2 in C.M.A.No.3346 of 2014/ the appellants in C.M.A.No.2752 of 2014 are the claimants and they are the parents of the deceased A.Babu. It is the case of the claimants before the Tribunal that on 03.03.2011 at 23.15 hours, while the deceased was proceeding from South to North in his Motor Cycle bearing Registration No.TN07-AU-0101 at L.G.Road Near Ansari Traders, Chennai, an Autorickshaw bearing Registration No.TN-07-AU-8463, which came at hectic speed in the opposite direction in a rash and negligent manner dashed against the Motor Cycle. In the accident, the deceased Babu sustained multiple injuries and immediately, he was taken to Government General Hospital and then to Sri Ramachandra Hospital, Chennai, where he was admitted as in patient from 03.03.2011 to 13.03.2011. Inspite of the treatment given to him, he died on 13.03.2011. Hence the claimants/ parents of the deceased filed claim petition in M.C.O.P.No.1788 of 2011 before the Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai, against the owner of the Autorickshaw who is the third respondent in C.M.A.No.3346 of 2014/ first respondent in C.M.A.No.2752 of 2014 and its insurer the United India Insurance Company Limited/ appellant in C.M.A.No.3346 of 2014/ second respondent in C.M.A.No.2752 of 2014.

(3.) The case of the claimants was resisted by the Insurance Company by filing a detailed counter stating that the accident had occurred only due to the negligent act of the two wheeler. Therefore, they are not liable to pay compensation.