UNITED INDIAN INSURANCE CO LTD Vs. MANTHIYAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.850 of 2012 dated 27.10.2015, on the file of the Motor Accident Claims Tribunal/District and Sessions Court, Communal Clash Cases Court, Madurai.

(2.) The appellant herein is the second respondent, the respondents 1 to 5 herein are the petitioners and the sixth respondent herein is the first respondent in the claim petition. The appellant has filed a claim petition in M.C.O.P.No.850 of 2012, claiming compensation for the death of one Irulayee in an accident that took place on 09.07.2011.

(3.) A brief substance of the claim petition in M.C.O.P.No.850 of 2012 is as follows: On 09.07.2011, at about 02.00 p.m., the first claimant's wife was travelling as the pillion rider in a motorcycle bearing registration No.TN-58-R-2124 from Kumaram to Madurai. The vehicle was driven by its driver in a moderate speed observing all the traffic rules. A Bajaji CT 100 motorcycle bearing Registration No.TN-59-AB-5949 which was driven by its driver in a rash and negligent manner from the opposite direction, dashed against the motorcycle of the claimant and the wife of the first claimant died on the spot. The first claimant is the husband of the deceased. The claimants 2 to 5 are the minor children of the deceased. The claimants claimed a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as compensation.