DIVISIONAL MANAGER Vs. LAKSHMI

JUDGEMENT

(1.) This appeal has been filed against the award dated 17.04.2012, made in M.C.O.P. No. 475 of 2009, on the file of the Additional District Court, (Motor Accident Claims Tribunal), Krishnagiri.

(2.) The appellant-Insurance Company is 2nd respondent in M.C.O.P. No. 475 of 2009, on the file of the Additional District Court, (Motor Accident Claims Tribunal), Krishnagiri. The respondents 1 to 3 filed the said claim petition, claiming a sum of Rs.7,00,000/- as compensation for the death of one Muniappan, who died in the accident that took place on 15.04.2007.

(3.) According to the respondents 1 to 3, on the date of accident viz., 15.04.2007, when the deceased was walking towards Hosur in Bangalore- Hosur Road, slowly and cautiously, the rider of the TVS XL Super bearing Registration No. TN 24 W/0040 belonging to the 4th respondent drove the same in a rash and negligent manner, at an uncontrollable speed and dashed on the deceased and caused the accident. In the accident, the deceased succumbed to injuries and the respondents 1 to 3 filed the claim petition, claiming compensation against the 4th respondent and appellant as owner and insurer of the vehicle respectively.