UNITED INDIA INSURANCE CO LTD Vs. JAYA

JUDGEMENT

(1.) The appeal has been preferred by the insurance company aggrieved over the compensation of Rs.16,14,400/- for the death of one A.Krishnan, aged about 49 years, Civil Construction Labourer, allegedly earning about Rs.15,000/- per month viz., Rs.500/- per day in the accident, which occurred on 16.03.2014, when he was knocked down by a two wheeler belonging to the 5th respondent and insured with the appellant/insurance company while crossing 200 feet road, Kolathur, Chennai.

(2.) Heard Mr.A.Dhiraviyanathan, learned counsel for the appellant. He would submit that the award has to be set aside for wrongly fixing the liability on the rider of the two wheeler and also the quantum of compensation is on the higher side. He would specifically point out that the victim was under the influence of alcohol and he would rely upon the the evidence of RW1, RW2 as well as Ex.R2, copy of accident register, where it has been mentioned that at the time of accident, the victim was smelling alcohol. Therefore, he would submit that as the victim was under the influence of alcohol, he negligently crossed the road and invited the accident. He would further submit that at least contributory negligence should be fixed on the victim. Further he would submit that the award amount is on the higher side and contrary to the Constitution Bench's judgment of the Honourable Apex Court in National Insurance Company Limited V. Pranay Sethi and others, 2017 2 TNMAC 609 (SC), Rs.40,000/- has been awarded by the Tribunal towards loss of love and affection. Therefore, he seeks to reduce the award amount.

(3.) A close scrutiny of the award would show that the victim while crossing the road was hit by the motorcycle. PW2 eyewitness categorically stated that because of the rash and negligent driving of the offending two wheeler, the accident occurred. Ex.P.1-FIR and Ex.P.2-charge sheet were filed against the rider of the two wheeler viz., the 5th respondent herein. Therefore, the finding reached by the Tribunal that the rider of the two wheeler alone was responsible for the accident cannot be disturbed.