R.SUBBIAH,J. - (1.) THE present appeal has been filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal, in and by an award dated 12.08.2009 made in M.A.C.T.O.P.No.261 of 2003 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Dharapuram.
(2.) THE respondents herein are the claimants before the Tribunal and they are the legal heirs of the deceased Duraiswamy Gounder. The 1st respondent is the wife, respondents 2 & 3 are the sons and respondents 4 & 5 are the mother and father of the deceased Duraiswamy Gounder respectively. It is the case of the respondents herein/claimants that on 10.03.2003 at about 8.30 p.m., the deceased Duraiswamy Gounder was riding his scooty bearing registration No.TN37X 4466 from Kadiyur to Goundamapalayam and when he was coming near Uthiriyan Kadu keeping at the very left extreme of Coimbatore to Kangayam Main Road from west to east in a moderate speed, a car bearing Registration No.TN 48 D 4444 came in the same direction in a rash and negligent manner and dashed the scooty and as a result of which, the rider of the scooty viz., the deceased Duraiswamy Gounder was thrown away and he sustained multiple injuries all over the body and he died on the way to hospital. Hence, the respondents made a claim against the owner of the car and its insurer/appellant herein claiming a sum of Rs.1crore as compensation.
(3.) THOUGH the said claim was resisted by the appellant herein/insurance company by taking the defence that the accident occurred only due to the rash and negligent act of the deceased Duraiswamy Gounder, the Tribunal on consideration of evidence adduced on either side has come to the conclusion that the accident had occurred only due to the rash and negligent driving of the car, which has been insured with the appellant herein and thus, the Tribunal passed an award of Rs.67,38,784/ as against the claim of Rs.1 crore. Aggrieved by the quantum of compensation awarded by the Tribunal, the present appeal has been filed by the Insurance Company.;