ORIENTAL INSURANCE CO LTD Vs. B KANCHANA

JUDGEMENT

(1.) These appeals are filed challenging the Award dated 07.04.2015 in M.C.O.P.No.17 of 2011 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court No.II, Chennai, granting a sum of Rs.22,60,000/- for the death of one S.Balamurugan in a motor accident that occurred on 15.10.2010. While the appellant - Insurance Company in CMA No.2097 of 2015 challenges the Award on the ground of quantum, the appellants in CMA No.1881 of 2015 has come up with this appeal seeking enhancement.

(2.) The case of the claimants is that while the said Balamurugan was riding a motor cycle bearing Registration No.TN-20-A-5673 from Eachankadu to Thoraipakkam, a van bearing Registration No.TN-09-U-9082 belonging to the first respondent, insured with the second respondent in C.M.A.No.1881 of 2015 driven in a rash and negligent manner came from behind and hit against the motor cycle. As a result of the impact, the said Balamurugan, who was thrown out of the vehicle suffered severe head injuries and died on the spot. Claiming that the deceased was employed as a Driver of a College bus in M/s.Kings Engineering College and was drawing a salary of Rs.18,600/- per month, the claimants sought compensation of Rs.35 lakhs. The Salary Certificate was produced as Ex.P6. One R.Athisayaraj, Assistant Accountant of the College was also examined to prove the said fact.

(3.) The claim was resisted by the Insurance Company by contending that there was no negligence on the part of the Van driver and the deceased was responsible for the accident. The Insurance Company also denied the income claimed and categorised the total claim for compensation as highly excessive.