NATIONAL INSURANCE CO LTD Vs. ANNAKKIZHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dated 25.06.2018, made in M.C.O.P. No.266 of 2013, on the file of the Sub Court, (Motor Accident Claims Tribunal), Sankagiri.

(2.) The appellant is the 2 nd respondent in M.C.O.P. No.266 of 2013, on the file of the Sub Court, (Motor Accident Claims Tribunal), Sankagiri. The respondents 1 & 2/claimants filed the said claim petition, claiming a sum of Rs.20,00,000/- as compensation for the death of one Dhanasekar, who died in the accident that took place on 12.03.2013.

(3.) According to the respondents 1 & 2, on the date of accident, when the deceased was riding the Motorcycle bearing Registration No.TN-52-C5727 on the extreme left side of the Magudanchavadi to Konganapuram main road at Anna Nagar, near Palanisamy Hotel, in Sankari Taluk along with his friend Vijayakumar as pillion rider, the driver of a Tata Mini Lorry bearing Registration No.TN-30-AC-8868 belonging to the 3 rd respondent, came from opposite direction in a rash and negligent manner at uncontrollable speed and dashed on the Motorcycle driven by the deceased and caused the accident. The accident occurred only due to rash and negligent driving by the driver of the Mini Lorry belonging to the 3 rd respondent. Hence, the respondents 1 and 2 filed the claim petition claiming compensation against the 3 rd respondent as owner and appellant as insurer of the said vehicle.