PONMALAR Vs. NEW INDIA ASSURANCE

JUDGEMENT

(1.) Not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (III Small Causes Court) Chennai in the Judgment and Decree dated 07.08.2006 passed in MACTOP No. 4154 of 2000, the claimants have come forward with this appeal.

(2.) The appellants/claimants are the wife, sons and mother of the deceased P.A. Pandiaraj. According to the appellants, on 04.08.1999, when the deceased Pandiaraj was riding the two wheeler-Hero Honda, at about 2.30 p.m., near S.N. Chetty Street, Royapuram, the driver of the Trailor lorry bearing Registration No. TN-04-E-0117 had driven it in a rash and negligent manner and in the process of overtaking the two wheeler driven by the deceased, hit the bike from behind. In the impact, the deceased was thrown out of the bike and the left front wheel of the lorry ran over him. Consequently, the deceased died on the spot. According to the appellants, the deceased died only due to the rash and negligent driving of the driver of the lorry and therefore, the respondents herein namely Insurance Company as well as the owner of the lorry are jointly and severally liable to pay compensation to them. It is further claimed by the appellants in the claim petition that the deceased was aged 42 years and working as Deputy Manager (Administration and Legal) with Madras Fertilizers Limited, Manali, Chennai and earning a sum of Rs. 24,620/- per month as salary. Therefore, for the death of the deceased, the appellants have filed the claim petition in MACTOP No. 4154 of 2000 claiming a compensation of Rs. 38,51,360/-.

(3.) Resisting the claim of the appellants in the claim petition, the Insurance Company has filed a counter affidavit before the Tribunal denying the age, avocation and earnings of the deceased. It was further stated that it is the deceased who has contributed to the accident by suddenly applying brake while riding the two wheeler in the middle of the road and this had resulted in the accident. It was further stated that the claim of Rs. 38,51,360/- made by the appellants is exorbitant and therefore the Insurance Company prayed for dismissal of the claim petition.