ANJALI Vs. REGISTRAR PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) CMA.No.1513 of 2018 has been filed by the claimants and CMA.No.75 of 2018 has been filed by the insurance company. The insurance company has challenged the award dated 22.09.2017 passed by the Motor Accident Claims Tribunal (I Additional District Judge) at Tindivanam in MCOP.No.403 of 2016 apart from challenging the quantum of compensation assessed by the Tribunal has also challenged the award on the ground that the deceased is also equally responsible, since he was not wearing a helmet at the time of the accident.The claimants have filed the appeal seeking enhancement of compensation. Brief facts leading to the filing of the instant appeals:

(2.) A person by named R.Veeramuthu died on 22.01.2014 as a result of an accident caused by a bus bearing registration No.PY01-X- 3489. The deceased R.Veeramuthu was riding a motor cycle bearing registration No.PY01-BR-0015 from north to south direction in the East Coast Road, Chennai and was proceeding from Puducherry and near Boomyarpalayam Odai at extreme left side of the road, when the bus bearing registration No. PY01-X-3489 owned by the Registrar, Pondicherry University, R.V.Nagar, Kalapet, Puducherry and insured with the New India Assurance Co. Ltd., No.45, 2nd Line Beach, Moore Street, Chennai - 600 001 coming from the opposite direction, dashed against a motor cycle and R.Veeramuthu was thrown out of the motor cycle and sustained head injuries which resulted in his death in the hospital on the same day of the accident.

(3.) The claimants who are the mother, father and sister of the deceased respectively preferred a claim against the owner of the bus as well as the insurance company in which the vehicle was insured before the Motor Accident Claims Tribunal, Ist Additional District Judge, Dindugul in MCOP.No.403 of 2016 seeking a compensation of Rs.50,00,000/- for the death of R.Veeramuthu.