UNITED INDIA INSURANCE CO LTD Vs. G GNANAGURU

JUDGEMENT

(1.) The challenge in this appeal is, by the Insurance Company, to the award of the Motor Accident Claims tribunal, Perambalur, granting a sum of Rs. 1,03,91,624/- as compensation for the death of V.Govindaraju who died in a motor accident that occurred on 12.11.2010.

(2.) According to the claimants, who are the wife, son, daughter and mother of the deceased, when the deceased was riding his two-wheeler bearing registration No.TN-45-R-5539 near East Gate of Bharat Heavy Electrical Ltd., Trichy on the extreme left side of the road another motor cycle belonging to the 5th respondent bearing registration No.TN-45-AY-6612, insured with the appellant Insurance Company came from South to North driven by its driver in a rash and negligent manner, with a view to avoid the speed brake swerved to right and dashed against the deceased. As a result of the impact, the deceased was thrown off the vehicle and sustained grievous injuries. The deceased was immediately taken to the Bharat Heavy Electrical Ltd., Hospital where he breathed his last despite treatment.

(3.) Terming the rash and negligent driving of the rider of the motor cycle bearing registration No.TN-45-AY-6612 as the cause for the accident, the claimant sought compensation from the insurer of the said vehicle viz., appellant Insurance Company. The deceased was working as a Manager in Bharat Heavy Electrical Ltd., and drawing a salary of Rs. 94,446/- per month. It is also claimed that he was on the verge of promotion as Senior Manager. Claiming that the death of the said Govindaraju in the motor accident had resulted in monetary loss as well as loss of consortium and loss of love and affection the claimants sought for a compensation of Rs. 1,00,00,000/-.