NATIONAL INSURANCE CO. LTD. Vs. A.BADURINSSA

JUDGEMENT

(1.) This appeal has been filed by the Appellant/Insurance Company challenging the award dated 27.06.2011 passed by the Tribunal in MCOP.No.126 of 2009. Brief facts leading to the filing of this Appeal:

(2.) A person by name Abdullah Khan died on 25.01.2009 as a result of an accident caused by a Motor Cycle bearing registration No.TN05-L-0238 owned by the fifth respondent and insured with the Appellant Insurance Company. The respondents 1 to 4 who are the legal representatives and also the dependents of the deceased Abdullah Khan have preferred a claim before the Motor Accident Claims Tribunal (Fast Track court No.1, Additional District & Sessions Judge) at Poonamallee in MCOP.No.126 of 2009 seeking compensation for the death of Abdullah Khan.

(3.) It is the case of the claimants that only due to the rash and negligent driving by the rider of the motor cycle bearing registration No.TN05-L-0238 which is owned by the fifth respondent and insured with the Appellant, the accident had happened. According to them, Abdullah Khan was a pedestrian and due to the rash and negligent driving of the motor cycle bearing registration No.TN05-L-0238, the said motor cycle hit against him which resulted in his death.