CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED Vs. NAVARATHINAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the Insurance Company as against the award of Rs.17,46,000/- granted as compensation for the death of one R. Vijayakumar, aged about 57 years, working as Field Supervisor & Representative in Priyadarsini Traders, Tiruchengode Road, Namakkal, allegedly earning about Rs.16,000/- per month, in the accident, which occurred on 23.02.2013, when the said R.Vijayakumar, who was riding his Yamaha two-wheeler on Coimbatore-Salem NH47 main road, hit against a Tata Ace vehicle, belonging to the 6th respondent and insured with the appellant, which was going in front, as it suddenly stopped on the road.

(2.) Heard Mr.R. Mohan Babu, learned counsel for the appellant and Mr.Ma.P. Thangavel, learned counsel for the claimants.

(3.) It is submitted by Mr.R. Mohan Babu, learned counsel for the appellant that the accident occurred because of the rash and negligent driving by the victim as he hit Tata Ace vehicle, which was going in front of his motor cycle and therefore, negligence should not have been fixed on the driver of Tata Ace vehicle. Regarding quantum, he would submit that the sum of Rs.1 lakh awarded towards "Loss of Consortium" to the 1st respondent/wife of the deceased is contrary to the judgment of the Constitution Bench of the Honourable Apex Court rendered in National Insurance Company Limited V. Pranay Sethi and others, 2017 ACJ 2700.