SABEENA Vs. NATIONAL INSURANCE COMPANY LTD REP BY ITS BRANCH MANAGER

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.13,54,480/- awarded for the death of the deceased Kamal Nazar, claimants have preferred this appeal seeking for enhancement.

(2.) ON 7.9.1998, the deceased Kamal Nazar was proceeding in his Motor Cycle bearing Regn.No.TN-F-0172. ONe Srinivasan was the pillion rider. At about 4.45 p.m., when the motor cycle was proceeding in Madurai - Thirupparankundram Road, a Lorry bearing Regn.No.TNL 4685 insured with the first respondent herein came from behind driven in a rash and negligent manner and hit against the motor cycle. Due to the impact, the deceased sustained fatal injuries and died on the spot. Regarding the accident, a criminal case was registered against the lorry driver in Crime No.73 of 1998 under Sections 279 and 304(A) IPC.

(3.) THE first respondent insurance company resisted the claim petition denying the manner of accident as to rash and negligent driving of the lorry bearing Regn.No.TNL 4685 and that there was an element of contributory negligence on the part of the deceased resulting in the accident and therefore, the insurance company is not liable to pay the compensation. THE insurance company also denied the avocation, salary and age of the deceased and claim, and contended that the compensation amount claimed was exorbitant.