BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. SUGANYA

JUDGEMENT

(1.) All the three appeals are preferred by the Insurance Company challenging the common Award of the Motor Accident Claimants Tribunal ( Special District Court, Erode) dated 28.04.2016 made in MCOP Nos. 295,296 & 297 of 2015.

(2.) While MCOP No.295 of 2015 was filed by the parents of the deceased Udhaya Suriyan, who was a 17 year old student of Engineering, MCOP No.296 of 2015 was filed by the wife, 2 daughters and the parents of one deceased Loganathan who was working as a Supervisor in Jai Bharath Printings works, Erode, claiming a sum of Rs. 15 Lakhs as compensation for his death. MCOP No.297 of 2015 was filed by R. Vimal Raj who was working as a driver, aged about 23 years, claiming a compensation of Rs. 10,00,000/-, for the injuries caused to him in the accident.

(3.) According to the claimants, in all these appeals, the deceased Loganathan was traveling in motor bike bearing Registration No. TN 28 AD 2124, alone with 2 other persons namely Udhaya Suriyan and Vimal Raj, and he was riding the bike at a moderate speed and observing the traffic rules. At that time, the car belonging to Mr.S.Venkatasubramani was driven by him in a rash negligent manner and hit against the Motor Cycle. As a result of the accident, the Loganathan and Udhaya Suriyan died and the Vimal Raj suffered multiple grievous injuries. It is the claim of the claimants that the deceased Udhaya Suriyan was age about 17 years and he was studying Diploma in Civil Engineering, he was also working as part time Accountant in Erode, and was earning a sum of Rs. 20,000/- per month. Claiming that he is the sole breadwinner of the family, they had sought for a compensation of Rs. 15,00,000/- for the death of their son Udhaya Suriyan.