- (1.) Aggrieved by the award, dated 30.04.2014 made in M.C.O.P.No.489 of 2004 on the file of the Motor Accidents Claims Tribunal (II Additional District-cum-Sessions Judge) at Tirupur, the Insurance Company has preferred this appeal challenging the quantum of compensation.
(2.) In an accident, which occurred on 15.07.2003 at 2.00 a.m. while the deceased K.Palanisamy was travelling in the car bearing Registration No.TN-33-H-7097 in Dharapuram to Palladam road near Kallakanar Bridge, the car dashed against the bridge wall resulting in fetal head injuries and died on the spot and the driver of the car also got injured. The legal representatives viz., father, mother, wife and children, have claimed compensation of Rs.50 lakhs. The Tribunal, on evaluation of pleadings and evidence, awarded Rs.24,36,000/- with interest at the rate of 7.5 % per annum with costs.
(3.) Learned counsel for the appellant Insurance company contended that the Tribunal has held that the deceased was an unauthorized passenger in the private car bearing registration No.TN-33-H-7097 and the owner of the car had violated the policy condition and directed the appellant Insurance company to pay the compensation and then recover the same from the owner of the car and directed the owner of the car to pay the compensation to the claimants. Admittedly, the car, which was involved in the accident, was insured under Act liability (Liability only/Statutory policy) and no premium was paid for gratuitous passenger in the car and hence, the Tribunal erred in awarding a sum of Rs.24,36,000/- as compensation for the deceased aged 38 years, who was running a Mill and the Tribunal was erred in fixing the monthly income of the deceased as Rs.15,000/- on the basis of Ex.P5, Saral Forms, without any supporting document such as Bank statement.;