ORIENTAL INSURANCE CO. LTD. Vs. MADAPPA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dtd. 9/10/2006 made in M.C.O.P.No.238 of 2005 on the file of the Motor Accidents Claims Tribunal, Sub Court, Hosur.

(2.) The case of the appellant is that on 25/1/2004 at about 01.15 p.m., the son of the first and second respondents, named Sivakumar, was proceeding along with Marriage Stage Decoration Goods in the third respondent's Tata 407 Tempo bearing Registration No.KA-05-7215 accompanying with his friends from Kudichipalli Village to Denkanikotta Venkateshwara Thirumana Mandapam. At that time, the driver of the Tempo driven the same in a rash and negligent manner and caused accident. As a result, the Sivakumar sustained fatal injuries and died on the spot itself. At the time of accident, he was aged 25, and before the accident, he was working as Operator in a Factory as well as doing Real Estate business and was earning Rs.7,000.00 per month. Since he died in the accident, his parents, the first and second respondents herein, filed a petition before the Motor Accidents Claims Tribunal, Sub Court, Hosur, claiming Rs.6,00,000.00 as compensation under various heads.

(3.) The appellant, who is the insurer of the third respondent's Tempo, filed a counter affidavit before the Tribunal stating that the accident was not happened as alleged in the petition. On 25/1/2004, while the driver of the third respondent drove the Tempo bearing Registration No.KA-05-7215 slowly, cautiously, observing all the rules, on the extreme left side of the road in Kaduchipalli to Denkanikotta road towards Denkanikotta, one bullock suddenly started to cross the road. To avoid hit on the bullock, the driver of the Tempo applied sudden brake and swerved the same towards extreme left side of the road. At that time, the Tempo capsized on the road. There was no fault on the part of the driver of the said Tempo. Hence, they were not liable to pay compensation to the first and second respondents/claiamants.