SHRIRAM GENERAL INSURANCE CO LTD Vs. VILVAMANI

JUDGEMENT

(1.) The Appellant/Insurance Company has filed this appeal against the judgment and decree dated 27.01.2016 made in M.C.O.P.No.213 of 2013 on the file of the Motor Accident Claims Tribunal, Special District Court, Villupuram.

(2.) By consent of Mr.S.Dhakshinamoorthy, learned counsel for the Appellant/Insurance Company, the main Civil Miscellaneous Appeal is taken up for final disposal at the time of admission stage itself.

(3.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioners/claimants is that on 104.2012 while the deceased Kuttiyapillai was proceeding in his bicycle from Otteripalayam to V.Agaram, while going near Sakthiram builders 'U' cement works, in Chennai to Kumbakonam Main road at about 5.30 p.m., the 1st respondent vehicle bearing Registration No.TN-31-AB-7968 came at high speed driven in a rash and negligent manner, dashed on the bicycle of the deceased from behind, causing him fatal injuries and he died in the hospital on the same day. The accident occurred only due to the negligence of the 1st respondent vehicle driver. The deceased was aged 54 years and by working as a drummer was earning Rs. 20,000/- per month. The petitioners/claimants, who are the wife and daughter of the deceased were depending on the earnings of the deceased. Due to his sudden demise, the petitioners/claimants is suffering from loss of income as well as loss of Love and Affection. Thus, the petitioners/claimants seek a sum of Rs. 15,00,000/- as compensation from the respondents.