NEW INDIA ASSURANCE CO LTD Vs. GURUMOORTHY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company challenging the award dtd. 2/1/2014 made in M.C.O.P.No.4387 of 2011 on the file of Motor Accident Claims Tribunal, III Small Causes Court, Chennai.

(2.) The appellant/Insurance Company is the 2nd respondent in M.C.O.P.No.4387 of 2011 on the file of Motor Accident Claims Tribunal, III Small Causes Court, Chennai. The respondents 1 and 2 filed the said claim petition claiming a sum of Rs.10,00,000.00 as compensation for the death of their son viz., G.Jagadeesh who died in the accident that took place on 12/12/2007.

(3.) According to the respondents 1 and 2, on the date of accident i.e., on 12/12/2007, at 1.30 hours, while their son Jagadeesh was riding in his motorcycle along Tambaram Bye-pass Road, near Pulikaradu Petrol Bunk, the said motorcycle collided with another vehicle, due to which, the motorcycle driven by the deceased was skidded, he fell down and thus, the accident has occurred. In the accident, the deceased sustained fatal injuries and died on the spot. Therefore, the respondents 1 and 2 filed the above claim petition claiming compensation for the death of their son against the 3rd respondent and the appellant/Insurance Company.