DIVISIONAL MANAGER Vs. VINMATHI

JUDGEMENT

(1.) As against the claim made for a sum of Rs.18,00,000/-, there is an award for a sum of Rs.3,91,000/-. Challenging the quantum of compensation awarded as disproportionate, the Insurance Company has filed this Appeal.

(2.) The legal representatives of the deceased Venkatesan in the capacity as widow (Vinmathi, aged 28), son (Minor.Manikandan, aged 4) and father (Murugan aged 70) of the deceased have filed the claim petition. The Tribunal has quantified the compensation with the following breakup details:-

(3.) The case of the appellant / Insurance company is that the rider of the two-wheeler (TVS 50 bearing Registration No.TN25Y4982) also contributed to the accident and hence, the compensation claimed by the legal representatives of the deceased, (in which the deceased was only a pillion rider) has no basis and hence, the appellant ought to have been exonerated from the liability. Whereas it is the case of the claimants / respondents 1 to 3 herein that the deceased, who was seated as pillion rider to TVS 50 bearing No.TN25Y4982 was hit by the Mini Van bearing No.TN21-A-0747 belonging to the fourth respondent (insured with the appellant herein) and due to the said incident, the deceased succumbed to the injures.