SUMI MANDAL Vs. M VIJAY

JUDGEMENT

(1.) The challenge in these appeals is to the award of the Motor Accident Claims Tribunal, (Chief Court of Small Causes), Chennai made in MACTOP.No.6016 of 2014. The appeal in CMA.No.3417 of 2017 is by the claimants who are the wife, children of one Hemanta Mandal who died in a road accident that occurred on 28.03.2014 seeking enhancement. The appeal in CMA.No.1749 of 2018 is by the Insurance Company questioning the award on the ground of negligence as well as quantum.

(2.) According to the claimants, the deceased was riding a motor cycle bearing registration No.TN-21-L-6210. While he was entering the East Coast Raod from Kovalam cut Road, the motor cycle bearing registration No.TN-18-K-8008 which was proceeding from Mahabalipuram to Chennai that is from South to North driven by its driver in a rash and negligent manner came from behind and dashed against the motor cycle driven by the deceased. As a result of the impact, the deceased suffered head injuries leading to his death. The claimant would contend that the deceased was a building sub-contractor and was earning about Rs. 6,00,000/- per annum. His untimely death at the age of 38 has resulted in monetary loss to the family apart from loss of consortium to the 1st claimant wife and loss of love and affection to the claimants 2 and 3 who are the minor children. The claimants assessed the loss at Rs. 66,00,000/-.

(3.) The claim petition was resisted by the Insurance Company contending that it was the deceased who was responsible for the accident. According to the Insurance Company, the deceased who came from the cut road took a right turn onto the East Coast Road without looking for on coming vehicles resulting in the accident. Since the deceased was negligent, the Insurance Company claimed that it is not liable to pay compensation. The particulars relating to the age and income of the deceased were also disputed by the Insurance Company.