GOVINDAMMAL Vs. T SUDHAKAR REDDY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been brought by the legal heirs of the deceased seeking enhancement of the award amount Rs.62,000/- together with interest at the rate of 7.5% per annum granted in M.C.O.P.No.1743 of 2002, by the Motor Accidents Claims Tribunal, Additional District Judge(Fast Track Court-II), Chennai.

(2.) The facts leading to the appeal are that on 17.11.2001, about 4.35 p.m., the deceased was travelling as a pillion rider in the scooter bearing Registration No.TN-01-E-8594. Mr.Dhanraj was riding the scooter which was proceeding from south to north at Errukancherry High Road near Ramalingam Temple. At that time the driver of the Tipper Lorry bearing Registration No.TN-01-Z-1638 which was coming behind the scooter in a rash and negligent manner hit the scooterist. The rider of the scooter and the pillion rider were thrown out and sustained grievous injuries. The pillion rider died on the way to hospital on 17.11.2001. According to the legal heirs of the deceased, at the time of accident, the deceased was 65 years old and as agriculturist and a real estate agent, earned Rs.5,000/- per month.

(3.) The New India Insurance Company, the 2nd respondent herein, denied the manner of accident. The Insurance Company submitted that the deceased travelled only as a pillion rider in the Scooter bearing Registration No.TN-01-E-8594 and in the absence of any policy coverage for pillion rider, insurance company is not liable to pay any compensation. According to the Company, the appellants/complainants have to prove that the driver of the vehicle had valid driving licence, at the time of accident. Without prejudice to the above, the Insurance Company has disputed the age, avocation, income of the deceased and the quantum of compensation claimed under various heads.