NEW INDIA ASSURANCE CO LTD Vs. KAVITHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dated 20.8.2014 passed in .C.O.P.No.136 of 2014 on the file of the learned Motor Accident Claims Tribunal (Sub-Court), Gobichettipalayam, wherein and whereby the Tribunal directed the appellant insurance company to pay compensation of Rs.9,89,000/- to the respondents for the death of the deceased Kumar in a road accident occurred on 09.2.2014.

(2.) Brief facts are that on 9.2.2014 at about 19.30 hours, the deceased Kumar was proceeding in his motorcycle bearing registration No.TN-39 BC 2097 on Villankoil to Kavindapady main road. When he came near Kamatchiamman temple at Vellankoil, a dog suddenly crossed the road. On seeing the dog, the deceased suddenly turned his motorcycle, but he lost control over the vehicle and slipped on the road. Due to the impact, the deceased sustained severe injuries over his head, legs, chest and multiple injuries all over the body. After the accident, the deceased was taken to Government Hospital, Gobichettipalayam, where from he was referred to CMC Hospital, Coimbatore, but succumbed to injuries on the way to the hospital. Regarding the accident, a criminal case in Crime No.24 of 2014 was registered by Siruvallur police under Sections 279 and 304-A IPC. At the time of accident, the deceased was aged 27 years and was working as Manger in M.P. Shantex Mill, Mannarai and was earning Rs.15,000/- per month. Stating that the accident occurred only because a dog suddenly crossed the road, the respondents, who are parents of the deceased have filed claim petition under Section 163-A of Motor Vehicles Act claiming compensation of Rs.15.00 lakhs.

(3.) Denying the accident, the appellant insurance company filed counter stating that the accident occurred only due to the rash and negligent riding of the rider of the motorcycle i.e., the deceased. It is stated that no extra premium was paid by the deceased to cover the risk of the owner of the motorcycle. The deceased being the owner of the motorcycle, as no extra premium was paid to cover the risk of the owner and as the accident occurred only due to the rash and negligent riding of the deceased, the appellant is not liable to pay compensation to the respondents. The age, occupation and monthly income of the deceased are denied by the appellant. The compensation claimed by the respondents under various heads is on the higher side and prayed for dismissal of the claim petition.