NEW INDIA ASSURANCE CO LTD Vs. METTILDA

JUDGEMENT

(1.) (This Appeal has been taken up for hearing through Video conferencing) This Civil Miscellaneous Appeal has been filed by the Insurance company challenging the award dated 30.09.2011 passed by the Motor Accident Claims Tribunal (First Additional District Judge, Coimbatore) in MCOP No.404 of 2002. Brief facts leading to the filing of this Appeal:

(2.) A person by name George Anish died on 27.10.2009, as a result of an accident caused by a private bus bearing Registration No.TN 39 AM 6977 owned by the 5th respondent and insured with the Appellant while he was riding his Hero Honda Splendor Plus motor cycle bearing registration No.KL 07 AW 3323. The legal representatives of the deceased George Anish namely respondents 1 to 3 preferred a claim before the Motor Accident Claims Tribunal seeking compensation for the death of George Anish as a result of the accident against the driver, owner of the bus and the insurance companies of both the bus and the motor cycle in MCOP.No.404 of 2010.

(3.) The Tribunal under the impugned award directed the Appellant insurance company who is the insurer of the bus to pay the claimants a sum of Rs.25,42,000/- together with interest and costs and exonerated the owner of the bus and the insurer of the motor cycle which was driven by the deceased.