RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. K THIYAGARAJAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order dated 13.02.2017 in M.C.O.P.No.622 of 2011, whereby the Tribunal has awarded compensation of Rs.14,28,000/- to the claimants, who are the parents and sister of the deceased, namely, Rajeshkumar, who died in a road accident on 18.05.2010.

(2.) The brief facts are that, on 18.05.2010 at about 7.30p.m. one Ravichandran drove the Motor Cycle bearing Registration No.TN-36-H-9043 along with the deceased Rajeshkumar, as pillion rider and with moderate speed and observing the traffic rules. At that time, near AVS Thirumana Mandapam, the fourth respondent drove the Lorry bearing Registration No.HR-38-G-1257 with very high speed and negligent manner came from same direction and hit behind the deceased. Due to the accident, the deceased Rajeskumar died on the spot. At the time of his death, he was aged 21 years. He was working as R & D Manager in Kumar Agro Agencies, Private Fertilizers and Pesticides Company and earned a sum of Rs.20,000/- per month. The appointment order of the deceased was marked as Ex.X-2 and the Pay Certificate was marked as Ex.X-3. Regarding the accident, a criminal case was registered in Crime No.468 of 2010 of Komarapalayam Police Station for the offences punishable under Sections 279, 304[A] of IPC alleging that the accident had happened due to the rash and negligent driving of the fourth respondent. The claimants, who are the dependants of the deceased Rajeshkumar filed a Claim Petition claiming compensation of Rs.20,00,000/-. After elaborate enquiry, the Claims Tribunal awarded compensation of Rs.14,28,000/- with interest at the rate of 7.5% per annum, against which, the present appeal has been preferred.

(3.) Before the Tribunal, the first respondent / K.Thiyagarajan was examined as P.W.1. One Palanisamy was examined as P.W.3, who has stated in his evidence about the alleged accident. Further, the copy of the First Information Report, Rough Sketch, Observation Mahazar, M.V. Report, and the Postmortem Certificate of the deceased Rajeshkumar had been marked as Ex.P.1 to Ex.P.5 on the side of the claimants. None was examined on the side of the appellant and no document was marked on their side.