ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. KAVITHA

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dated 07.12.2010, made in M.C.O.P. No.631 of 2007, on the file of the Principal District Court, (Motor Accident Claims Tribunal), Vellore.

(2.) The appellant is the 2 nd respondent in M.C.O.P. No.631 of 2007, on the file of the Principal District Court, (Motor Accident Claims Tribunal), Vellore. The respondents 1 to 5/claimants filed the said claim petition, claiming a sum of Rs.10,00,000/- as compensation for the death of one Prathab Chowdhiri who died in the accident that took place on 22.08.2005.

(3.) According to the respondents 1 to 5, on the date of accident, when the deceased was traveling as pillion rider in the Motorcycle bearing Registration No. TN-23-AZ-7296 belonging to the 6 th respondent, from Arcot to Vellore, near Krishna Mahal at Rangapuram village, the rider of the Motorcycle drove the same in a rash and negligent manner. As a result of which, the Motorcycle got skid and the deceased fell down from the Motorcycle and sustained fatal injuries. The accident occurred only due to rash and negligent riding by rider of the Motorcycle belonging to the 6 th respondent and hence, the respondents 1 to 5 filed claim petition claiming compensation against the 6 th respondent as owner and appellant as insurer of the offending vehicle.