ORIENTAL INSURANCE CO. LTD. Vs. N. MEENAL

JUDGEMENT

(1.) THE allegations in the claim petition are as follows: The first petitioner is wife of the deceased Nachiappan and second and third petitioners are their children. On 8.9.1994 at 5.15 p.m. while the deceased was proceeding from Teynampet via Kasturi Rangan Road and Cathedral junction on his scooter bearing registration No.TMH -6705 with his wife as pillion rider, while he waiting for signal to turn right and proceeded to turn right, the auto -rickshaw bearing registration No.TSJ 4102 driven by the first respondent driver, violated traffic rules and unmindful of the signal, turned right towards Cathedral Road junction at a very high speed and in the process, he collided with the deceased's scooter at the rear side by means of which both the deceased and his wife fell down. The accident was outcome of rash and negligent driving of the auto driver. The deceased was working as clerk in Vijaya Bank, Club House Road, Madras and was aged 41 years at the time of accident and drawing salary of Rs.7,000/ - per month. Hence, a compensation of Rs.15,76,250/ - is claimed.

(2.) IN the counter filed by the second respondent, the following are stated: The claim is not sustainable in law or facts of the case since the deceased did not die due to the injuries sustained in the accident which unrelated to the injuries and hence the cause of action does not survive to the claimants. The petitioners are put to strict proof that the death was due to injuries sustained in the accident. In a settlement it was agreed that Rs.50,000/ - as compensation be paid to the injuries on 16.2.95. This respondent is ready to pay the sum of Rs.50,000/ - and further claim is not sustainable. The age, occupation and income of the deceased are denied. The place, date, time of accident and nature of injuries are not admitted. The compensation claimed is excessive. Hence, the petition has to be dismissed.

(3.) THE learned Chief Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Chennai after scrutiny of the evidence and other materials on record passed an award directing the respondents in the claim petition to pay a sum of Rs.9,25,425/ - as compensation along with interest at the rate of 9%. This is the award being challenged before this Court.