RADHIKA SRINIVASAN Vs. ASHOK

JUDGEMENT

(1.) The claimants who are the parents of one Srikanth who died in a motor accident that occurred on 04.10.2015 having sustained a greivious head injury due to the collision between the motor cycle driven by him bearing Registration No.TN-10-AB-0421 with another motor cycle belonging to the 1st respondent bearing Registration No.TN-22-CL-6383 insured with the 2nd respondent had filed a claim petition in MCOP.No.435 of 2016 seeking a compensation of Rs. 70,00,000/-.

(2.) The said claim petition was resisted by the 2nd respondent Insurance Company contending that the deceased was responsible for the accident inasmuch as he was not wearing a helmet. It is also claimed that the deceased was driving the vehicle in a rash and negligent manner. A plea regarding non-joinder of necessary parties was also taken inasmuch as the insured and the insurance company of the motor cycle bearing Registration No.TN-10-A-0421 were not made parties to the original petition. The Insurance Company also disputed the claim relating to the income of the deceased.

(3.) The Tribunal on a consideration of the evidence on record found that the accident occurred due to the rash and negligent driving of the motor cycle belonging to the 1st respondent, insured with the 2nd respondent. In arriving at the said finding, the Tribunal had also taken note of the fact that the FIR was registered against the driver of the motor cycle belonging to the 1st respondent. As regards the quantum of compensation, the Tribunal took the income of the deceased at Rs. 32,000/- per month and after deducting 1/3rd towards his personal expenses arrived at the loss of dependency at Rs. 21,335/-. Taking into account the age of the claimants, the Tribunal applied a multiplier of 11 and arrived at the loss of dependency at Rs. 28,16,220/-. The Tribunal granted a further sum of Rs. 25,000/- for funeral expenses and Rs. 2,00,000/- (Rs. 1,00,000/- each claimant) for loss of love and affection and pain and sufferings. Thus the Tribunal arrived at a total compensation of Rs. 3,41,220/-. Aggrieved by the said award, the claimants are before us by way of this appeal. The Insurance Company has accepted the award.