MANAGER ORIENTAL INSURANCE COMPANY LTD Vs. TMT VIMALA

JUDGEMENT

(1.) The Insurance Company which suffered an award for payment of a sum of Rs. 49,12,128/- for the death of one Balu, in a Motor Accident that occurred on 20.04.2016 is the appellant.

(2.) The deceased Balu, who was working in a Southern Railway as the Points man was riding a Motor Cycle bearing Registration No.TN 32 AH 4677, at about 4.00 p.m. near Maniyarasi Thirumana Mandabam, Thirunagar on Pondy to Villupuram Road on the extreme left side of the road. The bus bearing Registration No.TN 32 AW 4370, driven by its driver in a rash and negligent manner came from behind and hit against the two wheeler. As a result of the impact, the deceased suffered grievous injuries and died on the way to the Hospital. Contending that the deceased was earning a sum of Rs. 24,455/- at the time of the accident, the claimants sought for compensation of Rs. 70,00,000/-.

(3.) The Claim Petition was resisted by the Insurance Company contending that the rider of the two wheeler, namely the deceased Balu was responsible for the accident. It was contended that the bus was driven at a slow speed and the deceased slowed down the vehicle all of a sudden, as a result of which, the bus dashed against him. Age, educational qualification, employment and income of the deceased were denied by the Insurance Company.