NATIONAL INSURANCE CO LTD Vs. RAJESWARI

JUDGEMENT

(1.) This appeal is at the instance of the Insurance Company challenging the award of a sum of Rs. 62,25,000/- for the death of one Gopalakrishnan, in a road accident that occurred on 02.07.2011.

(2.) According to the claimant, the accident occurred when the deceased was riding the motor cycle bearing registration No.TN-34-E-3526 on the extreme left side of the Tiruchengode road, the Mahindra tempo van bearing registration No.TN-33-AX-0922 driven by its driver in a rash and negligent manner and dashed against the said Gopalakrishnan causing his death on the way to the hospital. It is also contended that a case was registered against the driver of the Mahindra van in Crime No.275 of 2011. contending that the deceased was earning about Rs. 10,000/- per month, the claimant sought for a compensation of Rs. 10,00,000/-.

(3.) The claim was resisted by the Insurance Company contending that the deceased himself was responsible for the accident, inasmuch as he was talking on his cell phone and riding the vehicle in a careless manner.