LAWS(MAD)-2018-9-442

ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. RAJA

Decided On September 19, 2018
ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Appellant
V/S
RAJA Respondents

JUDGEMENT

(1.) The challenge in these appeals is to the common award of the Motor Accident claims Tribunal, Perambalur made in MCOP.No.294 and 295 of 2012. MCOP.No.294 of 2012 was filed by one Raja seeking compensation for the injuries caused to him in the Motor Accident that occurred on 12.04.2012. MCOP.No.295 of 2012 was filed by parents of one Karthikeyan who died in the said accident.

(2.) According to the claimants in both the cases, the deceased Karthikeyan was driving the motor cycle bearing registration No.TN-45-T-7176 from South to North of Perambalur-Ariyalur road on the extreme left side of the road. While so, a lorry bearing registration No.TN-46-M-0606 owned by the first respondent in the original petition insured with the Appellant Insurance Company came in the opposite direction driven by its driver in a rash and negligent manner dashed against the two-wheeler. As a result of the impact both the rider as well as the pillion rider were thrown off the vehicle and the rider viz., Karthikeyan succumbed to injuries, while the pillion rider suffered grievous injuries.

(3.) The injured claimant sought for a compensation of Rs. 5,00,000/- for the injuries caused to him. The parents of the deceased Karthikeyan sought for a compensation for Rs. 20,00,000/-. The deceased Karthikeyan was a diploma holder and he was pursuing his Bachelor of Engineering at the time of the accident.