BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. EASWARI

JUDGEMENT

(1.) Challenge in this appeal is to the award of the Tribunal granting a sum of Rs. 18,27,600/- for the death of one Murugesan, who is the son of respondents 1 and 2, husband of the 3rd respondent and the father of respondents 4 and 5, in a motor accident that occurred on 19.09.2012 at about 6.45 p.m., within the limits of Bhavanisagar Police Station.

(2.) According to the claimants, the deceased Murugesan was travelling in Mahindra Thar Jeep, which is a new Vehicle, as an occupant. The Jeep was driven by one Gunasekaran. When the Jeep was nearing Bhavanisagar, the said Gunasekaran, lost control of the vehicle, due to over speeding and the vehicle reached the extreme right side of the road, hit the platform and turned turtle. As a result of the accident the said Murugesan suffered series head injuries and died on the way to the Hospital. One Balusamy, who is the brother-in-law of Murugesan, after arranging to admit Murugesan in the hospital gave a complaint to the Bhavanisagar Police and a First Information Report was registered in Crime No.297 of 201 The deceased Murugesan was earning a sum of Rs. 12,000/- per month by doing milk vending and flower business. The claimants stating that they have suffered loss of dependency, happiness and loss of love and affection sought for a compensation of Rs. 21,00,000/-.

(3.) The Claim Petition was resisted by the Insurance Company contending that the driver of the vehicle namely, Gunasekaran had no driving license. It also contended that the accident did not happen in the manner stated by the claimants/respondents 1 to 5. The Insurance Company would also deny the age, occupation and income of the deceased.