BRANCH MANAGER Vs. VENNILA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the judgment and decree dtd. 12/9/2012, made in M.C.O.P. No.581 of 2006, on the file of the Principal District Court, (Motor Accident Claims Tribunal), Puducherry.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.581 of 2006, on the file of the Principal District Court, (Motor Accident Claims Tribunal), Puducherry. The respondents 1 to 4/claimants filed the said claim petition, claiming a sum of Rs.10,00,000.00 as compensation for the death of one Vengadesan, who died in the accident that took place on 20/2/2006.

(3.) According to the respondents 1 to 4, on the date of accident, the deceased was working as a Maistry in brick manufacturing unit of the 5th respondent. As directed by the 5th respondent/owner, in order to collect money from the customers, the deceased drove the Motorcycle bearing Registration No.PY-01-AC-3909 belonging to the 5th respondent on Bahour road and near water tank street junction, in order to avert hitting the persons suddenly crossing the road from opposite direction, the deceased applied brake, lost control and fell on the road and sustained injuries. Inspite of treatment, he died on 27/2/2006. Hence, the respondents 1 to 4 filed the claim petition claiming compensation against the 5th respondent as owner and appellant as insurer of the said vehicle.