RELIANCE GENERAL INSURANCE COMPANY LTD Vs. VELU

JUDGEMENT

(1.) Aggrieved over the finding of the Tribunal dated 03.03.2016 made in M.C.O.P.Nos.375 and 377 of 2017, the present appeals have been filed by the respondent-Insurance Company to set aside the award passed by the Tribunal.

(2.) For sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 29.03.2013 at about 3.00 pm., while the deceased Gurusamy was proceeding in his two wheeler bearing Registration No.TN-22-Z-8588, along with his wife, the deceased Chidhayee as pillion rider, in Anthiyur - Ammapettai Road, near Maruthi Nagar Sector, the first respondent lorry bearing Registration No.KA-01-C-3175, came at high speed from east to west on the wrong side of the road and dashed against the vehicle in which the deceased were travelling resulting in the death of both the persons. According to the petitioners, the negligent of the first respondent lorry driver alone caused the accident. The petitioners who are sons and daughters of the deceased persons, in MCOP.No.377 of 2013 contended that the deceased was their father and he was aged about 60 years and earning a sum of Rs.10,000/- per month by working as agriculture cooli. Due to the sudden death of their father, his contribution to the family has suffered. Hence, they seek compensation of Rs.10,00,000/- from the respondents, who are the owner and insurer of the offending vehicle. Similarly, as petitioners in MCOP.No.375 of 2013 contended that the deceased was their mother, she was aged about 55 years at the time of accident and she was earning a sum of Rs.10,000/- per month by working as cooli. Due to the sudden death of their mother, the petitioners have lost their carry mother and also her contribution to the family. Hence, the petitioners seek compensation of Rs.10,00,000/- for their deceased mother.