UNITED INDIA INSURANCE CO LTD Vs. S SIVAPERUMAL

JUDGEMENT

(1.) The Insurance Company is on appeal challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chennai dated 26.10.2016 made in MCOP.No.548 of 2011.

(2.) The respondents 1 and 2 had filed the claim petition seeking a compensation of Rs.40,00,000/- for the death of their son S. Dinesh Kumar in a road accident on 08.02.2011. It is the case of the claimants/ respondents 1 and 2 that the deceased was riding a motor cycle bearing registration No.PY-01-E-9160 at about 11.00 hours on 08.02.2011 on Palladam to Pollachi Main Road. While so, the van bearing Registration No.TN-33-Y-5577 driven by one S. Thangaraj/ 3rd respondent, which was proceeding from Udumalpet to Palladam, dashed against the motor cycle. Due to the said accident, the rider of the motor cycle sustained grievous injuries on the head and right hand and died on the way to hospital. Claiming that the accident took place due to the rash and negligent driving of the driver of the van belonging to the 4th respondent insured with the appellant Insurance Company, the parents of the deceased filed a claim petition seeking a sum of Rs.40,00,000/- as compensation.

(3.) The 3rd and 4th respondents herein, driver and owner of the vehicle, remained ex-parte before the Tribunal. The Insurance Company resisted the claim denying all the grounds raised by the claimants and contending that the rider of the motor cycle viz., deceased Dinesh Kumar also contributed to the accident because of his rash and negligent driving, which is proved by the Motor Vehicle report. It was also contended that the compensation claimed is highly excessive.