NATIONAL INSURANCE COMPANY LIMITED Vs. CHINNA PONNU

JUDGEMENT

(1.) The Appellant/Insurance Company has filed this appeal against the judgment and decree dated 31.07.2017 made in M.C.O.P.No.2292 of 2016 on the file of the Motor Accident Claims Tribunal, Additional District and Special Court of Essential Commodities Act, Salem.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioners is that on 22.08.2016 while the deceased was riding his motor cycle in Thedavur - Veeraganur Main Road, at about 18 hours near Balamurugan Koil, Rayarpalayam, a Hero motor cycle bearing Registration No.TN.77-F-0361 came at a high speed in the same direction dashed against the cycle, which the deceased Kulandhaivel was riding, resulting in fatal injuries causing his death. The petitioners who are the wife and children of the deceased contended that the accident occurred only due to negligence of the 1st respondent two wheeler rider. At the time of the accident, the deceased was aged 54 years and was earning Rs.15,000/- per month from his avocation as agriculturist and milk vendor. As the petitioners were dependent of the income of the deceased who is the only breadwinner of the family, the petitioners suffered loss of income; thus the petitioners sought for a sum of Rs.25,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.