FUTURE GENERAL INDIA INSURANCE COMPANY LIMITED Vs. VALLI

JUDGEMENT

(1.) This appeal is filed by the Insurance company, aggrieved by the fixation of liability as well as the quantum of compensation awarded by the Tribunal.

(2.) On 06.12.2011, in front of Kanaga Hospital on Omalur to Darmapuri Main Road, while the deceased Arumugam was riding his TVS Scooty Streak motor cycle bearing Reg.No.TN 30 AY 3341, an unnumbered TATA Ace bearing Reg.No.TN 30 AW 0175 rash and negligently dashed the deceased vehicle. Due to sudden hit, the deceased fell down and sustained injury all over his body. He was taken to the hospital for treatment, but on 22.12.2012 he died at Ramakrishna Hospital, Coimbatore due to the injuries. At the time of his death, the deceased was about 64 years old. He was an Ex-Service Man, earning pension and also a LIC Agent. Hence, his wife, two sons and father filed a claim petition for Rs.30 lakhs as compensation against the vehicle owner and the insurance company.

(3.) The Insurance Company contested the claim on the ground that the TATA Ace vehicle had no valid insurance and its driver had no valid driving license. The deceased contributed for the accident. Therefore, the owner of the two wheeler and its insurer are necessary parties. The claim of compensation under various heads are denied and disputed.