The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988, Section 149(2) in determining compensation for a motor accident claim.

This Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree made in MCOP No.588 of 2005, dated 27.03.2006, on the file of the Motor Accidents Claims Tribunal, Principal Sub Court, Coimbatore.

2. Background facts in a nutshell are as follows:-

On 09.07.2003 at about 9.30 p.m., one Venkatesan was riding the Hero Honda Motorcycle bearing Registration No.TN-33-R-3022 along with one Subramani as pillion rider, proceeding from Chikkarasampalayam to Sathyamangalam in the Sathy-Mysore National Highways from west to east direction. When they were reaching near Udayamarathittu Vinayagar Koil, the rider of the vehicle suddenly applied the brake. Due to the same, the pillion rider Subramani was thrown away from the vehicle and his head dashed against the footsteps of the said Vinayagar Koil and he sustained severe head injuries and also injuries all over the body. Immediately he was admitted to the Government Hospital, Sathyamangalam. Later he was shifted to Ramakrishna Hospital, Coimbatore and treated as in-patient and he died at about 11.25 a.m. on 10.07.2003. The claimants are the wife, two minor children and parents of the deceased. They claimed a compensation of Rs.6,00,000/-before the Tribunal. The Insurance Company resisted the claim. On the pleadings, the following issues were framed by the Tribunal:-

a) Whether the accident had occurred due to the rash and negligent driving of the driver of the motorcycle or not?

b) Whether the claimants are entitled for any compensation? If so, what is the amount and from whom?

After considering the oral and documentary evidence, the Tribunal was of the view that the accident had occurred only due to the rash and negligent driving of the driver of the motorcycle and awarded a compensation of Rs.4,11,000/-with interest at 7.5% p.a. from the date of petition. Aggrieved by the award, the Insurance Company has filed the present appeal.

3. Learned counsel appearing for the appellant / Insurance Company submitted that the rider of the motorcycle did not possess a valid driving licence to drive the motorcycle and also the deceased was a pillion rider and that therefore, the Tribunal is not liable to pay any compensation. Further it is alternatively contended that the Tribunal has awarded excessive and exorbitant compensation, without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.

4. Heard the counsel. On the side of the claimants, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P8 were marked. On the side of the Insurance Company, no witnesses were examined and no documents were marked. P.W.1 is the wife of the deceased. P.W.2 is one Subramaniam. Ex.P1 is the copy of First Information Report. Ex.P2 is the copy of charge sheet. Ex.P3 is the copy of Motor Vehicle Inspectors Report. Ex.P4 is the copy of rough sketch. Ex.P5 is the copy of Post Mortem Report. Ex.P6 is the copy of judgment of Criminal Court. Ex.P7 is the copy of Death Certificate. Ex.P8 is the Legal Heir Certificate. After considering these materials and evidence, the Tribunal awarded a compensation of Rs.4,11,000/-with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:-

Rupees

Loss of income 3,84,000/-

Loss of consortium 10,000/-

Loss of love and affection 15,000/-

Funeral expenses 2,000/-

Total... 4,11,000/-

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.5. P.W.1 is the wife of the deceased, who deposed that on 09.07.2003 at about 9.30 a.m., one Venkatesan was riding the Hero Honda Motor Cycle bearing Registration No.TN-33-R-3022 along with her husband Subramani as pillion rider, proceeding from Chikkarasampalayam to Sathyamangalam in the Sathy-Mysore National Highways from west to east direction. When they were reaching near Udayamarathittu Vinayagar Koil, the rider of the motorcycle suddenly applied the brake. Due to the same, the pillion rider Subramani was thrown away