S.MANIKUMAR,J. - (1.) Challenge in this appeal filed by M/s. Oriental Insurance Company Ltd., Chennai, is to the quantum of compensation of Rs.38,24,508/-, with interest, at the rate of 7.5% per annum and costs, from the date of claim, till the date of deposit, awarded to the legal representatives of the deceased, stated to be an Office Assistant in Sub-Registrar Office, Kelamangalam and aged 49 years, at the time of accident.
(2.) Material on record discloses that on 11.01.2014, when P. Venkatachalam, was riding a Honda Unicorn Motorcycle, bearing Registration No. TN 29 AJ 1970, a Bajaj Discover motorcycle, bearing Registration No.TN 29 AQ 1708, driven in a rash and negligent manner, insured with the appellant-Insurance Company, dashed against the Honda Unicorn Motorcycle. Due to the impact, he fell down and sustained grievous injuries. Immediately, he was taken to B.G.R. Hospital and given first-aid treatment. Thereafter, admitted in Manipal Hospital, Bangalore. Though he was given treatment in different hospitals, he succumbed to the injuries on 16.01.2014. In this regard, a case in Cr.No.20 of 2014, under Sections 279 and 304-A IPC, has been registered, against the rider of the Bajaj Discover motorcycle, on the file of Dharmapuri Police Station. For the death of the deceased, legal representatives of the deceased have claimed compensation of Rs.50,00,000/-.
(3.) Before the Claims Tribunal, wife of the deceased examined herself as PW.1, and deposed about the manner of accident. PW.2 is the eye-witness of the deceased. She has marked Ex.P1 - FIR, Ex.P2 - Post-Mortem Certificate, Ex.P3 - Insurance Policy, Ex.P4 - Registration Certificate of the 6th respondent, Ex.P5 - Death Certificate, Ex.P6 - Family Ration Card, Ex.P7 - Salary Certificate, Ex.P8 - Death Report, Ex.P9 - No Objection Certificate, Ex.P10 - Death Certificate, Ex.P11 (series) - Medical Bills, Ex.P12 - Charge Sheet, Ex.P13 - Registration Certificate, Ex.P14 - Motor Vehicles Inspector's Report, Ex.P15 - Organ Donar's Certificate and Ex.P16 - Legal Heir Certificate. PW.3 is the Assistant, working in Sub-Registrar Office, Kelamangalam and through him, documents, Authorisation Letter, Service Book, Salary Certificate, Completion of skill test for Junior Assistant and Consent letter given by the Regional Transport Officer, as Exs.C1 to C5. On behalf of the appellant-Insurance Company, two witnesses have been examined and documents, Insurance Policy, Lawyer's Notice, Acknowledgement Card, Postal Cover and Sketch, have been marked as Exs.R1 to R5.;