NATIONAL INSURANCE COMPANY LIMITED Vs. A THILAKA

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have been filed against the Award dated 29.06.2017, made in MCOP.No.229 of 2014, on the file of Motor Accidents Claims Tribunal / Special District Judge (Full Additional Charge), Tiruchirappalli.

(2.) Both the appeals are arising out of the Award dated 29.06.2017, made in MCOP.No.229 of 2014, on the file of Motor Accidents Claims Tribunal / Special District Judge / Full Additional In-charge), Tiruchirappalli, the same are disposed of by this common Judgment. CMA(MD).No. 60 of 2018 is filed by the Insurance Company to set aside the said award. CMA(MD).No.543 of 2018 is filed by the claimants for enhancement of compensation. The parties are referred to as per their rank in the MCOP.

(3.) The claimants filed MCOP.No.229 of 2014 claiming a sum of Rs. 25,00,000/- as compensation for the death of one Arumugam, who is the husband of the first claimant and son of the second claimant. According to the claimants, on 09.01.2014, while the deceased was travelling as a pillion in the Hero Honda bike bearing Regn. No. TN 48 M 8906, on the extreme left side of the road from East to West, a bus bearing Regn. No. TN 48 U 4488, driven by its driver, in the opposite direction, in a rash and negligent manner and dashed against the bike, in which, the said Arumugam was travelling as a pillion and caused accident. Due to the accident, the said Arumugam and rider of the motorcycle were thrown out and sustained multiple grievous injuries and they were taken to Annal Gandhi Memorial Government Hospital, Trichy. In spite of treatment given, the said Arumugam died, due to the injuries sustained by him. The deceased was 25 years at the time of accident. He was working as a driver and was earning a sum of Rs. 15,000/- per month. The claimants are the legal heirs and dependants of the deceased. The accident occurred due to rash and negligent driving by the driver of the first respondent. The first respondent as owner of the vehicle and the second respondent as insurer of the vehicle are liable to pay compensation and therefore, the claimants have filed claim petition against the respondents 1 and 2.