NEW INDIA ASSURANCE CO. LTD Vs. A. KARTHIKA

JUDGEMENT

(1.) CHALLENGING the quantum of compensation awarded by the Motor Accidents Claims Tribunal (V Judge, Court of Small Causes), Chennai, by an award dated 8.4.2011 in M.C.O.P.No.806 of 2008, C.M.A.No.3293 of 2011 has been filed by the insurance company. Seeking enhancement of the compensation, the claimants have filed Cross Objection No.73 of 2012.

(2.) FOR the sake of convenience, the parties are referred to as they are referred in C.M.A.No.3293 of 2011.

(3.) IT is the case of the claimants before the Tribunal that on 21.2.2008 at about 10.00 hours, when the deceased Y.Arun Buddha was riding a motor cycle bearing registration No.TN 09 AV 1846, along with Rajamannar Salai, K.K.Nagar from West to East direction, a Van bearing registration No.TN 20 AY 7185 insured with the appellant insurance company, came from the opposite direction in a rash and negligent manner and dashed against the motor cycle and thus, caused the incident, in which said Y.Arun Buddha sustained serious injuries. Immediately, he was taken to hospital and admitted as inpatient and he took treatment from 21.2.2008 and died on 13.3.2008 due to brain stem injury, diffuse cerebral conscussion and pneumonia. Hence, respondents 1 to 4 herein, who are the legal heirs of the deceased, have filed the claim petition as against the owner of the Van and its insurer, claiming a sum of Rs.40,00,000/ as compensation.