NAVANEETHAM Vs. IRUDAYARAJ

JUDGEMENT

(1.) THE claimants have filed the present appeal against the order of the Tribunal dated 6.1.2005 passed in M.C.O.P.No.351 of 2004.

(2.) THE facts leading to the filing of the claim petition before the Tribunal was that on 8.2.2002 at 11 am at Vellore to Arcot Main Road, near Rathinagiri while the deceased was proceeding as a pillion rider in Motor Cycle bearing Reg.No.TAV 5283 the road side trees have fell down and in order to avoid the impact, the rider of the said Motor cycle has dashed against the roadside culvert as a result of which he sustained instantaneous multiple grievous injuries which led to the death of the pillion rider after four days the accident. THE accident took place due to the rash and negligent driving of the motor cycle belonging to the first respondent. THE claimants, the appellants herein filed the petition for compensation of Rs.20,00,000.

(3.) THE learned counsel appearing for the Insurance Company contended that the claimants have played malpractices in the claim petition itself and therefore the petition deserves total dismissal of the claim.