K THENKANI Vs. S SELVAM

JUDGEMENT

(1.) This appeal has been filed against the order and decree made in MCOP.No.188 of 2002, dated 24.07.09, on the file of the Motor Accident Claims Tribunal / Sub Court, Sivakasi.

(2.) It is the case of the appellants/claimants that on 10.08.2002, one Kannan and his brother namely, Manikandan were returning to their home in Yamaha Motorcycle bearing registration No.TN-67/T-2943 belonging to the 1st respondent insured with the appellant. The said Manikandan was the rider and Kannan was seated as pillion. While they were proceeding on Sivakasi- Naranapuram road, due the rash and negligent riding of the rider of the motorcycle namely, Manikandan, the motorcycle skidded, as a result, the pillion fell down and sustained grievous injuries on his head, forehead, face, shoulders and legs. He was taken to Meenakshi Mission Hospital, Madurai, and in spite of intensive treatment, he died on 21.08.200 Wife and mother of the deceased filed MCOP.No.188 of 2002 on the file of the Motor Accident Claims Tribunal / Sub Court, Sivakasi, claiming compensation of Rs. 10,00,000/-. The 2nd respondent filed counter resisting the claim. Considering the oral and documentary evidence on either side, the Tribunal awarded compensation of Rs. 5,86,700/- to the claimants payable by the 1st respondent and Rs. 50,000/- payable by the 2nd respondent insurance company as in the insurance policy, the coverage for pillion was restricted to Rs. 50,000/-. Aggrieved by the said award, the appellants have filed this appeal.

(3.) Learned counsel for the appellants would submit that the Tribunal ought to have held that the total compensation has to be paid by the insurance company since the policy is a comprehensive policy, in which, there is no restriction for the third party and that the deceased in this case was a pillion of the motorcycle and therefore, he is a third party to the insurance company. On the quantum of compensation, it is contended that the Tribunal has not awarded any sum under conventional heads and therefore, prayed for enhancement on the quantum. In support of his submissions, learned counsel relied on the following judgments:-