MAGMA HDI GENERAL INSURANCE COMPANY LIMITED Vs. PALANISAMY

JUDGEMENT

(1.) Challenge in this appeal by the Insurance Company, is to the Award dated 18.08.2017 in MCOP No.398 of 2015 passed by Motor Accidents Claims Tribunal, (II Additional District and Sessions Court), Tiruppur granting a sum of Rs. 17,55,000/- for the death of one Jayaraj in the motor accident that had occurred on 12.09.2005.

(2.) Heard Mr.Mohandoss learned counsel for the appellant Insurance Company and Mr.K.S. Kavi Arasu, learned counsel for the respondent.

(3.) According to the claimants/respondents 1 and 2, on 10.02.2015, the deceased Jayaraj was travelling as a passenger in Tata Super Ace vehicle bearing Registration No.TN-36-AY-4164. The third respondent drove the said vehicle in a rash and negligent manner on Kovai to Erode NH-47 Byepass road from West to East and dashed against the Ashok Leyland Lorry bearing Registration No.TN-30-AM-1796 which was proceeding ahead of the Tata Super Ace. As a result of the collision, the deceased sustained grievous injuries on his head, both legs and fractures all over the body and died on the spot. The claimants also contended that the deceased was a Mason and earning a sum of Rs. 12,000/- per month and claimed compensation of Rs. 30,00,000/-.