LAWS(MAD)-2018-4-614

SHRIRAM GENERAL INSURANCE CO LTD Vs. JAYACHANDRAN

Decided On April 23, 2018
SHRIRAM GENERAL INSURANCE CO LTD Appellant
V/S
JAYACHANDRAN Respondents

JUDGEMENT

(1.) Aggrieved over the award passed by the Motor Accidents Claims Tribunal, Chennai in M.C.O.P.No.564 of 2014, the appellant herein, who is the second respondent in the claim petition filed this appeal, in which, he is seeking the relief to set aside the order passed by the Claims Tribunal. In the Claims Tribunal, the respondents 1 to 3 had filed a Claim Petition under Section 166 of the Motor Vehicles Act, in which, they claimed compensation of Rs.40,00,000/-. The respondents 1 and 2 herein are the parents and the third respondent is the sister of the deceased. After elaborate enquiry, the Claims Tribunal awarded compensation of Rs.19,05,000/- with interest at the rate of 7.5% per annum, against which, the present appeal has been preferred.

(2.) In the Claims Tribunal, the case of the respondents 1 to 3 is as follows:

(3.) During the time of enquiry, the learned counsel appearing for the appellant vehemently argued that at the time of the accident, the driver, who drove the Eicher Van had driven the vehicle without any valid license. Further without any document for showing the income of the deceased, the Claims Tribunal took the income of the deceased as Rs.10,000/- per month, which is erroneous, thereby, the quantum determined by the Claims Tribunal is an excessive one and he prayed to allow this appeal.