NEW INDIA ASSURANCE COMPANY LTD Vs. RUKKUMANI

JUDGEMENT

(1.) Being aggrieved by the finding, fastening liability on the Appellant-Insurance Company to pay compensation to the first Respondent/ claimant, New India Assurance Company has preferred this appeal.

(2.) According to the first Respondent/claimant, that on 31.10.1999, about 18.30 Hours, when her father was walking on the East West Sakthi to Gobi Road, near Elango Nagar Branch road, a motorcycle bearing Registration No. TN 36 C 2463, driven in a rash and negligent manner, by its driver, dashed against him and her father sustained grievous injuries. Though the injured was provided with intensive care treatment in Gobi, he died. At the time of accident, he was aged 50 years and through agricultural work, earned ' 3,000/-per month. Before the Claims Tribunal, Mr. Ramasamy, owner of the vehicle, third Respondent herein; New India Assurance Company Ltd., Gobi, Appellant herein; and son of the deceased, Mr. Kaliappan, Rukmani, were imp leaded as Respondents 1 to 3 in the claim petition. The first Respondent in this appeal/claimant claimed compensation of ' 5 Lakhs under various heads.

(3.) The third Respondent herein, owner of the vehicle bearing Registration No. TN 36 C 2463 and the third Respondent, son of the deceased, remained exparte before the Tribunal. With the leave of the Court under Section 170 of the Motor Vehicles Act, the Appellant-Insurance Company defended the claim petition.