NEW INDIA ASSURANCE COMPANY LTD Vs. AMUDHAVALLI

JUDGEMENT

(1.) The challenge in these appeals is to the award of the Motor Accident Claims Tribunal, Principal District Court, Namakkal dated 06.01.2017 made in M.C.O.P No.1315 of 2015.

(2.) The Tribunal granted a sum of Rs. 67,78,400/- as compensation for the death of one Venkatachalam aged about 29 years who died in the motor accident that occurred on 09.07.2015. While the Appeal in CMA No.1847 of 2017 is by the New India Assurance Company challenging the negligence as well as the quantum. The appeal in CMA No.2251 of 2017 is by the claimants viz., the mother and father for the deceased seeking enhancement.

(3.) According to the claimants, the deceased was travelling in a TATA Sumo Car bearing registration No.TN-28-AP-0628. The driver of the car one Senthamaraikannan, who was arrayed as the 3rd respondent in the claim petition, drove the car in a rash and negligent manner and hit against a lorry bearing registration No: TN-28-AB-976 The deceased who was a passenger in the car had suffered head injuries and injuries all over his body. He has been initially admitted in Amaravathi Hospital, Karur and, thereafter, he was shifted to K.G.Hospital, Coimbatore where he died on 30.09.2015, despite treatment. Contending that the deceased was Mechanical Engineering graduate, the claimants sought for a compensation of Rs. 90,00,000/-.