RELIANCE GENERAL INSURANCE CO. LTD Vs. DEVI

JUDGEMENT

(1.) The appellant / Reliance General Insurance Company Ltd., is the second respondent in M.C.O.P.No.338 of 2014 on the file of the Motor Accident Claims Tribunal / Special District Court, Krishnagiri.

(2.) The deceased in this case is one Kempraj. On 28.08.2014 at about 9 p.m, when the deceased alighted from a bus and was slowly proceeding on the extreme left side of the Krishnagiri-Dharmapuri Main Road, near Subramaniyapuram, a Pulsar Bike bearing Registration No.TN-24-R-3577, which came behind the deceased in a rash and negligent manner, dashed against the deceased, which resulted in the deceased sustaining grievous injuries. Immediately, he was taken to Government Hospital, Krishnagiri, where he was given initial treatment, and since his condition has become worse, he was immediately shifted to Government Hospital, Kaveripattinam. Inspite of the treatment given to him, he died on 29.08.2014 in the hospital. Hence, the respondents 1 to 4 herein being the wife of the deceased and their two daughters and one son, have preferred the claim petition as against the owner of the two-wheeler (Pulsar bike mentioned above) and the insurer, namely the appellant-Insurance Company, claiming a compensation of Rs.20 lakhs.

(3.) The case of the claimants was resisted by the appellant-Insurance Company by taking a defence that the accident occurred only due to the negligent act of the deceased, who had suddenly crossed the road without noticing the on-coming vehicle. Further, the Insurance Company has taken a specific stand that the rider of the two-wheeler was not possessing valid and effective driving licence on the date of accident, which is in gross violation of the policy conditions and therefore, the Insurance Company is not liable to pay compensation.