NATIONAL INSURANCE COMPANY LIMITED Vs. SRIDEVI

JUDGEMENT

(1.) The appeal has been filed by the Insurance Company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (II Additional District Court) at Tiruppur, in and by award dated 21.06.2013 in M.C.O.P.No.1243 of 2010.

(2.) On the other hand, not being satisfied with the quantum of compensation awarded by the Tribunal, the claimants have filed the cross-objection seeking enhancement of the compensation.

(3.) The claimants are wife, minor daughter and minor son of the deceased T.G.Neelaram. The case of the claimants before the Tribunal is that on 17.06.2010 at about 20.30 hours, while the said T.G.Neelaram was riding a motorcycle bearing Reg.No.TN-38-AC-8822 on Covai Pudur-Perur Main Road, from east to west direction, keeping left side of the road, a SRT Mini Bus bearing Reg.No.TN-37-AS-5999, insured with the appellant/Insurance Company, came from opposite direction on the wrong side of the road and dashed against the motorcycle, thus caused the accident. In the said accident, the said Neelaram sustained grievous injuries and died on the spot. Hence, the claimants have made a claim as against the owner of the mini-bus and its insurer/appellant herein. With regard to the quantum of compensation, it is the case of the claimants that the deceased Neelaram was aged 49 years at the time of accident and he was working as Assistant Engineer in Tamil Nadu Electricity Board (TNEB) and was earning a sum of Rs.33,000/- per month as salary. He was the only breadwinner of the family. On that basis, the claimants have made a claim for a sum of Rs.75 lakhs as compensation.