SHRIRAM GENERAL INSURANCE CO LTD Vs. G MALATHI

JUDGEMENT

(1.) Aggrieved over the award passed by the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai in MCOP. No. 704 of 2015 dated 29.04.2017, the Insurance Company/appellant herein, who is the second respondent in the above said MCOP has filed this Appeal to set aside the award passed by the Claims Tribunal as erroneous.

(2.) In the claims tribunal, the respondents 1 to 4 herein have filed the claim petition under Section 166 of Motor Vehicles Act and Rules 3 of Motor Accident Claims Tribunal Rules, claiming compensation of Rs.30,00,000/- for the death of one J.Gopalakrishnan who died in a road accident. Admittedly, the first respondent is the wife of the deceased, the 2nd and 3rd respondents are minor children of the deceased and the 4th respondent is the mother of the deceased. After elaborate enquiry, the Claims Tribunal awarded a sum of Rs.24,50,000/- as compensation for the death of the said J.Gopalakrishnan.

(3.) The case of the respondents 1 to 4 herein in the Claims Tribunal is that on 25.11.2014 at about 6 hrs, the husband of the first respondent herein J.Gopalakrishnan who was riding a Bicycle near the land belonging to Perumal at Killana Nagar to Ulundhai Road, a tractor owned by the 5th respondent herein bearing registration no.TN72 AA 6206 insured with the appellant, proceeding in the same direction in a rash and negligent manner and hit behind the deceased's bicycle, due to which the deceased sustained head injury and died on the same day, for which a case has been registered by the Inspector of Police, G3 Melmaruvathur Police Station, Kancheepuram District in Crime No. 524 of 2014 for the offences under Sections 279,337,338 and 304(A) of IPC.