ORIENTAL INSURANCE CO. LTD. Vs. SANTHI

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the judgment and decree dtd. 30/7/2013, made in M.C.O.P. No.38 of 2011, on the file of the I Additional District Court, (Motor Accident Claims Tribunal), Tindivanam.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.38 of 2011, on the file of the I Additional District Court, (Motor Accident Claims Tribunal), Tindivanam. The respondents 1 to 5/claimants filed the said claim petition, claiming a sum of Rs.10,00,000.00 as compensation for the death of one Boopathy, who died in the accident that took place on 17/2/2008.

(3.) According to the respondents 1 to 5, on the date of accident, the deceased was traveling with his friend as a pillion rider in TVS Suzuki Motor Bike bearing Registration No.TN-59-L-6073 from Kollar to Chennai. While crossing G.S.T. Road between Tindivanam and Chennai, near Pathiri Village, the rider of the said TVS Motorcycle lost control in order to avoid hitting a Lorry which was proceeding in the same direction. Due to the said impact, the TVS Motorcycle hit against a roadside tree and rolled down the road side pit and caused accident. The accident occurred due to rash and negligent riding by the rider of the TVS Motorcycle. In the accident, the deceased who was thrown off, sustained fatal injuries and died on the spot. Hence, the respondents 1 to 5 filed claim petition claiming compensation against the respondents 6, 7 and appellant as owner, driver and insurer of the vehicle.