BHARTI AXA GENERAL INSURANCE CO LTD Vs. AMMAYYA

JUDGEMENT

(1.) The challenge in these appeals by the insurance company is to the awards made in MCOP Nos: 115, 116 and 117 of 2013 on the file of the Motor Accident Claims Tribunal (Sub- Court) Hosur in and by which the tribunal awarded a sum of 20,69,000/-for the death of one Anil Kumar in MCOP 115 of 2013, a sum of 2,26,000/-for the injuries suffered by the claimant Ramakal and a sum of 277,000/-for the injuries suffered by one Kumaresh in a motor accident that occurred on 25-11-2012.

(2.) The claimant in MCOP 115 of 2013 is the mother of the deceased Anil Kumar. According to the claimants the deceased Anil Kumar was riding his two wheeler bearing registration No: TN-24-Z-7885 with one Ramakal as a pillion rider one Naveenkumar who was riding the two wheeler bearing registration No: TN 70-F-1230 belonging to the second respondent drove the said vehicle in a rash and negligent manner at a high speed and dashed against the two wheeler driven by the deceased Anil Kumar. As a result of the said accident both the rider and the pillion rider of the two wheeler bearing registration No: TN 24-Z-7885 were thrown off the vehicle and suffered grievous injuries. They were removed to the Hosur government hospital where Anil Kumar was declared dead. The pillion rider of the two wheeler driven by Naveen Kumar namely, Kumaresh also suffered grievous injuries.

(3.) Claiming that the accident occurred due to the rash and negligent driving of the two wheeler bearing registration No: TN-70-F-1230 all the claimants sought for compensation from the appellant insurance company being the insurer of the said two wheeler. In MCOP115 of 2013 the claimant is the mother of the deceased Anil Kumar. She would contend that her son was working as a painter and earning more than 12,000 per month and seek a compensation of 20lakhs. The claimant in MCOP 116 of 2013 would claim that she was doing milk vending business apart from working as agricultural coolie and earning 10,000 per month and because of the injuries caused in the accident she had suffered a permanent disability. Therefore she sought for a compensation of 5 lakhs. The claimant in MCOP 117 of 2013 who was a pillion rider in the offending motorcycle bearing registration No: TN-70-F-1230 sought for a compensation of 10 lakhs claiming that he was working as a painter and earning Rs. 12,000 per month and the injuries sustained by him in the accident had resulted in permanent disability preventing him from doing his job as a painter.