IRUDHAYAMARY Vs. N. MARIMUTHU

JUDGEMENT

(1.) This appeal is filed by the claimant, who is the mother of the accident victim. The Tribunal, which tried the claim petition of the appellant, partially allowed the claim petition and awarded a sum of Rs.11,20,000/- payable by the owner of the offending vehicle and exonerated the insurance company.

(2.) In the appeal, the said award is challenged on the ground that the Tribunal went wrong in exonerating the insurance company by holding that the accident happened due to mechanical defect and not due to negligence of the vehicle driver. The Tribunal ignoring the fact that the claim petition was filed under Section 163A of the Motor Vehicle Act, exonerated the insurance company of the vehicle and awarded a sum of Rs.6,60,000/- only as against the claim of Rs.10,00,000/- payable by the vehicle owner.

(3.) The facts of the case is that ,on 10.11.2012, at about 10.30 p.m, when the deceased Karthick, S/o Marimuthu, was cleaning the maxicab bearing Reg.No. TN-22V-6976 owned by his father, the vehicle got self started and hit the deceased, who was cleaning the vehicle and ran over him. The deceased was severely injured and taken to the hospital but died. Claiming Rs.12,00,000/- as compensation against that the owner of the vehicle and its insurer, the claim petition was filed under Section 163A of the Motor Vehicles Act.