BRANCH MANAGER Vs. P.SIRUMBAYEE

JUDGEMENT

(1.) Assailing the judgment and decree passed by the Motor Accident Claims Tribunal cum Subordinate Judge, Kulithalai in M.C.O.P.No.248 of 2013 dated 22.11.2017, this Civil Miscellaneous Appeal is filed by the appellant / Insurance Company.

(2.) The brief facts are as follows: The respondents 1 and 2, who are the legal heirs of the deceased viz., P.Perumal, filed the claim petition, seeking compensation of Rs.30 lakhs. According to the claimants, on 02.11.2012 at about 8.50 p.m., the deceased P.Perumal was riding his motor cycle. When he was proceeding near Uppidamangalam E.B.Office, a lorry, which was driven by its driver in a rash and negligent manner, had applied sudden break and stopped the vehicle without any signal. The deceased, who was riding behind the lorry, dashed in the backside of the lorry. Due to the accident, the deceased sustained injuries and he died on the way to the hospital. The claimants would state that the deceased, who was working as an Accessor Grade-II in Tamil Nadu Electricity Board, was drawing salary at Rs.15,000/- per month and they lost their breadwinner.

(3.) The claim petition was resisted by the appellant / Insurance Company by filing a detailed counter stating that the deceased invited the accident and hence, they are not liable to pay any compensation. They also disputed the age, occupation, monthly income of the deceased and it is further stated that the claim amount is highly excessive.