ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. MATHIAZHAGI

JUDGEMENT

(1.) The Appellant herein is the Insurance Company. The respondents 1 to 3 are the claimants/dependants of the accident victim Balakrishnan. The 4th respondent herein is the owner of the offending vehicle.

(2.) The claimants in their claim petition had averred that, Balakrishnan aged about 42 years was a mason and agriculturist. He was earning about Rs. 15,000/- per month. On 15/10/2012, at about 7.30 pm near Anbu Petty shop, Vaitheeswaran Koil West Street, a TATA Ace van bearing Registration No. TN 51 P 6511 dashed the two wheeler in which Balakrishnan was travelling as pillion rider. Balakrishnan was severely injured and taken to the hospital. Surgery was done for his left leg fracture, at Sirkali Government Hospital. However, he succumbed to the injury at the hospital on 24/10/2012 at about 11.00 hrs. The claimants, who are the wife and two minor girl children of Balakrishnan solely depend on him for their livelihood. His untimely demise has caused great loss of dependency, love and affection. Hence, they have to be compensated with Rs. 20,00,000/-.

(3.) The Insurance Company, filed a counter and an additional counter. In the first counter admitting the occurrence of accident and involvement of the TATA Ace vehicle insured under them, denied liability attributing negligence on the part of the rider of the two wheeler Muthukumarasamy, who had no driving license but riding the two wheeler accommodating Balakrishnan on the pillion. In this counter statement filed on 21/11/2013, the insurer reserved their right to file additional counter after getting the investigation report. In the additional counter statement dated 04/01/2014, the insurer denied the involvement of the TATA Ace vehicle in the accident based on the report given by the private investigator. It doubted the truthfulness of the F.I.R. given by the wife of the deceased 10 days after the alleged accident, without any details of the offending vehicle. It was also contended that there was no nexus between the accident and the death. Balakrishnan died 10 days after the accident due to medical complication and not due to the accident injuries.