BRANCH MANAGER ORIENTAL INSURANCE CO LTD Vs. BACKIAVATHI

JUDGEMENT

(1.) The Insurance Company which suffered an award for payment of a sum of Rs. 21,85,522/- as compensation, for the death of one Srinivasan, in the motor accident that occurred on 29.03.2013 is an appellant.

(2.) According to the claimants, the deceased Srinivasan, who was an Electrician, Milk Vendor as well as Cattle Broker earning about Rs. 50,000/- per month. On the fate full day the deceased Srinivasan was travelling as a pillion rider along with his friend Pasupathi, from Tiruvarur to Orkudi, when they were nearing the Samathuvapuram at Orkudi, the Car bearing Registration No.TN-45-AK-7777, belonging to the 6th respondent and insured with the appellant Insurance Company driven by its driver in a rash and negligent manner, came from behind and dashed against the two wheeler. As a result of the accident, the deceased Srinivasan suffered grievous head injuries. He was taken for treatment to Thiruvarur Medical College and thereafter, shifted to Vinodhagan Memorial Hospital, Thanjavur for better treatment. Despite best medical attention, the said Srinivasan succumbed to the injuries caused in the accident on 24.04.2014. Claiming that the loss of the sole bread winner of the family, as a resulted in huge monetary loss to the family, the Claimants would seek a compensation of Rs. 40,00,000/-.

(3.) The claim was resisted by the Insurance Company denying the very accident. It was also contended that the accident occurred due to a rash and negligent driving of the motor cycle. It was also claimed that the driver Pasupathi, who was riding the motor cycle at the time of the occurrence did not have the valid driving license. The Insurance Company also contended that the owner and the insurer of the Motor Cycle are also necessary parties to the claim petition. The age, occupation and the income as claimed by the claimants were denied by the Insurance Company and it was claimed that those amounts have been exaggerated in order to claim excessive compensation.