RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. KALIYAMMAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant, who has been arrayed as the second respondent before the Claims Tribunal, challenging the award passed in MCOP No. 1818 of 2013, by which respondents 1 and 2, who are parents of the deceased, were granted a sum of Rs. 25,69,800/- along with costs.

(2.) The appellant is the Insurance Company, namely, the insurer of the third respondent, who is the owner. The case of respondents 1 and 2 is that the vehicle bearing Registration No. TN 28 R 6639 was driven in a rash and negligent manner and dashed against the deceased causing a fatal injury to the deceased, who was travelling in a two-wheeler bearing Registration No. TN 52 B 1731. The parents of the deceased viz. , Respondents 1 and 2 made a claim for a sum of Rs. 35,00,000/-. Exs. P1 to P13 have been marked and P. Ws. 1 to 4 were examined. The Tribunal also took into consideration Exs. P6 and P7 filed by the appellant apart from Exs. X1 to X5.

(3.) Before the Tribunal, the appellant has contended that the vehicle insured with it was not involved in the accident. On the quantum also, it is submitted that the amount as claimed by respondents 1 and 2 is excessive.