NEW INDIA ASSURANCE COMPANY LIMITED Vs. V SELVI

JUDGEMENT

(1.) This appeal is heard through Video Conferencing.

(2.) This appeal is filed by the Insurance Company as against the Award and decree dated 08.08.2019 passed in M.C.O.P.No.133 of 2018 on the file of the Motor Accidents Claims Tribunal, Krishnagiri, Special District Court for Motor Accidents Claims Cases, Krishnagiri.

(3.) Brief facts which are necessary to decide this appeal are as follows: The respondents 1 to 3 in this appeal are the claimants before the Tribunal, who are respectively the wife, mother and father of the deceased J.Vasantha Kumar. According to the claimants, on 20.10.2015, while the deceased was riding Yamaha Faser bearing Reg.No.TN-70-C-3745 along with his friend Babu as pillion rider on Hosur to Krishnagiri NH Road, a Bajaj Pulsar Bike bearing Registration No.TN-90-1204 was driven by its driver in a rash and negligent manner and dashed against the two-wheeler driven by the deceased. In the said accident, the deceased sustained fatal injuries and died on the spot itself. It is the case of the claimants that the accident had occurred due to rash and negligent driving of the driver of Bajaj Pulsar Bike, owned by the fourth respondent herein and insured with the appellant-Insurance Company. It is stated that the deceased was a Magician by avocation and was also doing fire activities in Jain Farms and Resorts Limited, Bangalore on all Saturdays and Sundays. He was earning not less than Rs.52,000/- per month from his profession which he had contributed to his family. Hence, the claimants have made a claim of Rs.50 lakhs as compensation as against the owner of the Bajaj Pulsar Bike and its insurer.