MAHALINGAM Vs. MAHALINGAM

JUDGEMENT

(1.) The challenge in these appeals is to the award of the Motor Accident Claims Tribunal, (IV Court of Small Causes), Chennai made in MCOP No.1407 of 2015 grating a sum of Rs.16,27,000/- as compensation for the death of one Selvakumar in a motor accident that occurred on 04.01.2015.

(2.) The claimants, who are the parents of the deceased would claim that the accident occurred while the deceased was riding his motor cycle bearing registration No.TN-22-AM-8145 along the 80 feet road in North to South direction. The lorry bearing registration No.TN-20-CZ-9576 belonging to the 3rd respondent and insured with the appellant Insurance company which was driven in a rash and negligent manner by its driver came from behind and dashed against the motor cycle. As a result of the accident, the rider of the two wheeler Selvakumar suffered grievous injuries and succumbed to the same. They would contend that the accident occurred due to the rash and negligent driving of the lorry by its driver and hence, the appellant Insurance company, as the Insurer of the lorry is liable to pay compensation. It is the further case of the claimants that the deceased was brilliant student and was pursuing his Bachelor of Engineering at the time of the accident, he was also doing part time work and earning Rs.10,000/- per month. The claimants sought for a compensation of Rs.81,00,000/- for the death of their only son.

(3.) The claim petition was resisted by the appellant Insurance company contending that the deceased was responsible for the accident. The manner in which the accident occurred was disputed by the Insurance company. The Insurance company also denied the age, income and the educational qualifications of the deceased as set out in the claim petition. The Tribunal which heard the original petition concluded that the accident occurred due to the rash and negligent driving of the lorry. In coming to the said conclusion, the Tribunal relied upon the evidence of PW1 and PW2 and the copy of the First Information Report which was marked as Ex.P1. The Tribunal took into account that the lorry had come from behind and dashed against the two wheeler. The Tribunal also concluded that the liability to pay compensation is on the Insurance company, inasmuch as the existence of Insurance cover was admitted.