NATIONAL INSURANCE CO. LTD Vs. SHANTHI

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. 30/11/2017, made in M.C.O.P. No.274 of 2015, on the file of the Special District Court, (Motor Accident Claims Tribunal), Erode.

(2.) The appellant is the 1st respondent in M.C.O.P. No.274 of 2015, on the file of the Special District Court, (Motor Accident Claims Tribunal), Erode. The respondents 1 to 3/claimants filed the said claim petition, claiming a sum of Rs.20,00,000.00 as compensation for the death of one S.Ramesh, who died in the accident that took place on 17/11/2013.

(3.) According to the respondents 1 to 3, on the date of accident, the deceased was riding the Motorcycle bearing Registration No.TN-33-BC-3189 belonging to the 1st respondent, along with his two daughters viz., respondents 2 and 3 on the Erode to Perundurai main road from East to West direction. While nearing City Union Bank ATM near HP Petrol Bunk, a rider of the unknown Two Wheeler coming from behind rode the same in a rash and negligent manner and while trying to overtake the Motorcycle rode by the deceased, lost control and dashed on the vehicle ridden by the deceased from behind and caused the accident. Due to the sudden impact, the deceased was thrown from his bike and landed on the median in the middle of the road and sustained head injuries and died on 18/11/2013. The accident occurred only due to rash and negligent driving by the unknown Two Wheeler who rushed away from the scene. Hence, the respondents 1 to 3 filed the claim petition claiming compensation against the appellant as insurer of the said vehicle. The mother of the deceased was arrayed as 2nd respondent in the claim petition.