ORIENTAL INSURANCE CO LTD Vs. VETHAMBAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the appellant/Insurance Company challenging the award of the Motor Accident Claims Tribunal-cum-I Additional District and Sessions Judge, Tirunelveli passed in M.C.O.P.No.281 of 2013, dated 4.1.2018.

(2.) The facts in brief: On 9.12.2012, at about 8.30 p.m., the deceased Ravisankar was riding his motor-cycle on Kalakkadu on Mavadi-Kalakkadu Main Road in south to north direction. At that time, the motor cycle belonging to the first respondent, insured with the second respondent, came from opposite direction and hit against the deceased motor cycle. In the impact, the deceased fell down and sustained grievous injuries and died on the spot. An First Information Report was registered by Kalakkadu Police in Crime 442 of 2012 under Sections 279, 337 and 304- A of IPC. The legal heirs of the deceased filed a claim petition seeking compensation of Rs.1 crore on the ground that the deceased was running a diary farm and was a Government Contractor and he was having agricultural lands and that he is the only bread-winner of the family.

(3.) The claim was resisted by the appellant by filing a detailed counter, disputing the age, income and avocation of the deceased and the manner of the accident.