Advocates:
['M/S S J JAGADEV', '', 'A M NAZEER', 'M/S P JAGADEESAN', '', 'U CHANDRAMOHAN', 'R - C SELVI', 'WIFE OF C CHINDRASEKARAN', 'ERODE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2013

CORAM

THE HON'BLE MRS. JUSTICE R.BANUMATHI

and

THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM

C.M.A. No.3914 of 2011

and M.P.No.1 of 2012

The Oriental Insurance Company Limited,

Erode-638 011.

....

Appellant (2nd Respondent)

Vs

1. Govindaswamy,

2. G.Poongodi,

3. C.Selvi

....

Respondents

(Petitioner 1 and 2 and Ist Respondent)

Prayer: Appeal is preferred under Section 173 of Motor

Vehicles Act, 1959 against the award and decree dated 25.6.2001 made

in M.A.C.T.O.P.No.826 of 1998 on the file of Motor Accidents Claims

Tribunal (II Additional District Judge), Salem.

For Appellant

.. Mr.S.J.Jagadev

For Respondents

.. Mr.R.Jagadeesan

for RR1 and 2

No appearance for R.3

JUDGMENT

(Judgment of the Court was delivered by K.KALYANASUNDARAM,J.)

Being dissatisfied with the quantum of compensation awarded by

the Motor Accidents Claims Tribunal (II Additional District Judge),

Salem in M.A.C.T.O.P.No.826 of 1998 for the death of the deceased

G.Kathiravan in the road traffic accident occurred on 4.4.1998, the

appellant – Oriental Insurance Company Limited, Erode has filed this

appeal.

2.Brief facts are that on 4.4.1998 when the deceased

G.Kathiravan was travelling in Her Honda Splendar Motor cycle bearing

Regn.No.TN 28 D 2379 near Karrukkur village on Namakkal to

Trichengode Main Road, a tipper lorry bearing Regn.No.TME 8937 was

driven by its driver in a rash and negligent manner and hit the motor

cycle and deceased sustained fatal injury and died on the spot. A

criminal case in Crime No.216 of 1998 was registered on the file of

Elachipalayam Police Station for the offence under Section 304A

https://hcservices.ecourts.gov.in/hcservices/

I.P.C. The deceased was aged 29 years old and a bachelor at the time

of accident and working as Application Developer (Engineer) in

Complete Business Solution (India) Limited, (in short,

"C.B.S.I.Limited") at Chennai and he studied B.E., Mechanical and

Computer and obtained Diploma in T.B.M., Mainframe and Y2K Technology

and also Certificate for Autocade Training – Info Data Systems and

got high technical qualifications and was drawing a salary of

Rs.10,200/- per month. Alleging that the accident was due to the

rash and negligent driving of the driver of the tipper lorry owned by

the 3^rd respondent herein and insured with the appellant – Insurance

company, the claimants/respondents No.1 and 2 herein, who are parents

of the deceased, have filed the claim petition, claiming compensation

of Rs.30,00,000/-.

3.Resisting the claim petition, the appellant Insurance

Company filed a counter affidavit, denying the manner of accident,

age, avocation and income of the deceased, besides contending that

the claim made by the claimants is very excessive and the claimants

have to prove that the driver of the lorry had a valid driving

licence and that the lorry is insured with the appellant. The

deceased had no valid driving licence to ride the motor cycle and the

accident took place due to the negligence of the deceased.

4.To substantiate the claim, father of the deceased examined

himself as P.W.1. Eye witness – S.Subramanian was examined as P.W.2.

On the side of the claimants, Exs.A1 to A.31 were marked. On the side

of the appellant Insurance Company, no witnesses were examined and

no documents were marked.

5. Upon consideration of the oral and documentary evidence,

the Tribunal held that the accident was due to the rash and negligent

driving of the driver of the tipper lorry bearing Regn.No.TME 8937

and the 3^rd respondent, being owner of the tipper lorry and appellant

– Insurance Company, being the insurer of the tipper lorry, are

liable to pay the compensation. The deceased was aged 29 years at the

time of accident and working as Application Developer (Engineer) in

Complete Business Solution (India) Limited and was on probati