MANAGER ORIENTAL INSURANCE COMPANY LTD , KARNATAKA Vs. AASAITHAMBI

JUDGEMENT

(1.) Heard the Learned Counsel for the appellant. No representation for the respondent No.1

(2.) The Appeal is preferred by the Insurance Company being aggrieved by the award of the Motor Accidents Claims Tribunal, Namakkal, to compensate the claimant who travelled as gratuitous passengers and sustained injury when the car capsized after its left front wheel tyre got inflated.

(3.) On 17.03.2010 while the claimant along with his friends Kannan, Rajasekar and Shanmugam were travelling in the Matiz car bearing registration No.MH-05-H-4971, near Nellukuthiparai, Kamarajar Nagar, Dharmapuri to Salem Road, the left front wheel tyre got inflated and the car capsized. Mr.Rajasekar, who was driving the car sustained fatal injury, died on the spot. The claimant sustained fracture in 4 th and 5 th right metacarpal bone. He was admitted in the Hospital as inpatient and treated for his injuries from 17.03.2010 to 21.03.2010. Claiming compensation of Rs.5,00,000/-, the petition was filed before the MACT, Namakkal, against the owner of the car and its insurer.