AKILAMBAL Vs. V.M. SAJAN AND ORS.

JUDGEMENT

(1.) The appeal in C.M.A.No.1734 of 2019 has been preferred by the Insurance company against the award of Rs.3,78,84,640/- granted as compensation for the death of one Mr.J.Venkat Raghavan aged about 38 years, I.T.Engineer earning about Rs.35,75,520/- per annum in the State of Michigan in the accident occurred on 02.12.2009, when the deceased and his brothers, travelling in Maruthi Gypsy driven by its driver Rajasekar, were hit by a van bearing Registration No.KL 07 AH 8673 driven rash and negligently by its driver and the appeal in C.M.A.No.2584 of 2019 has been preferred for enhancement of the said compensation.

(2.) Heard Mr.S.Arunkumar learned Counsel for the insurance company and Ms.Shabnam Banu learned Counsel for the appellant in C.M.A.No.2584 of 2019 and Mr.J.Franklin, learned Counsel for the respondents 1 to 3 in C.M.A.No.1734 of 2019.

(3.) A perusal of the records would reveal that the tribunal found that the accident occurred because of the rash and negligent driving of the van. For coming to the said finding, the Tribunal relied upon the evidence of PW3 eye witness who categorically stated about the rash and negligent driving of the van and the filing of the FIR viz., Ex.P.1 against the driver of the van and rightly found that the accident occurred because of the rash and negligent driving of the van. Therefore, the finding rendered by the Tribunal is confirmed.