UNITED INDIA INSURANCE COMPANY LTD Vs. P VASANTHA

JUDGEMENT

(1.) The Insurance Company which had suffered an award for a sum of Rs. 25,42,500/- for the death of one Navaneetha who died in a motor accident that occurred on 19.07.2011 is the appellant.

(2.) According to the claimants who are the mother-in-law and daughter of the deceased Navaneetha, the said Navaneetha was travelling as pillion rider with her husband P.Ramachandran when they were proceeding towards Tambaram near Alandur on GST Road, the rider viz., Ramachandran drove the vehicle in a rash and negligent manner swerved to his right and fell down, resulting in grievous injuries. Both the husband and wife were removed to hospital, where the pillion rider (wife) died. Contending that the accident occurred due to the rash and negligent driving of the two-wheeler by the said Ramachandran, the claimants sought for compensation from the Insurance Company which was the insurer of the two-wheeler. The claimants also contended that the deceased was a Micro Biologist at Precision Diagnostic Centre drawing a monthly salary of Rs. 10,000/- including allowance. Therefore, the claimants would seek compensation of Rs. 11,00,000/- for the death of the daughter-in-law of the 1st claimant and mother of the 2nd claimant.

(3.) The claim was resisted by the Insurance Company contending that there was no negligence on the part of the rider of the two-wheeler, so as to make the insurer of the two-wheeler liable to pay the compensation. Relying upon the FIR registered, based on the statement given by the rider of the two-wheeler viz., Ramachandran, the Insurance Company would contend that the accident had occurred because of the fact that an unidentified car had hit the two-wheeler from behind. Therefore, according to the Insurance Company, if at all a claim could be made it has to be made only against the insurer of the car and not the two-wheeler. The Insurance Company also contended that the particulars of the Educational Qualification and the salary drawn are not correct and the quantum of compensation claimed is also on the higher side.