NATIONAL INSURANCE COMPANY LIMITED, KARTHIKEYAN Vs. MOHANADEVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dtd. 13/6/2011 made in M.C.O.P.No.119 of 2008 on the file of the Motor Accidents Claims Tribunal, Sub Court, Bhavani.

(2.) The appellant is the 3rd respondent in M.C.O.P.No.119 of 2008 on the file of the Motor Accidents Claims Tribunal, Sub Court, Bhavani. The respondents 1 to 4 filed the said claim petition claiming a sum of Rs.20,00,000.00 as compensation for the death of one Panneerselvam, who died in the accident that took place on 6/12/2007.

(3.) According to respondents 1 to 4, on 6/12/2007, the deceased Panneerselvam was riding the motorcycle from North to South on the left side of the Salem " Coimbatore NH 47 Main Road. At about 05.30 P.M., while he was proceeding near Mahaliamman Temple at Vavappatti, Sithode, the driver of the Mahindra Pickup van bearing Registration No.TN 33 Q 4395 who was driving the van from South to North, came in a rash, negligent manner, without following the road traffic rules and dashed against the motorcycle driven by the said Panneerselvam and caused the accident. In the accident, the said Panneerselvam, was thrown out of the motorcycle and sustained multiple injuries all over the body. Immediately after the accident, the said Panneerselvam was taken to C.K.Hospital, Erode and thereafter he was taken to Ganga Hospital, Coimbatore, where he has taken treatment as inpatient from 7/12/2007. Inspite of medical treatment, the said Panneerselvam succumbed to injuries on 19/12/2007. Therefore, the respondents 1 to 4, filed the above said claim petition claiming a sum of Rs.20,00,000.00 as compensation against the respondents 5, 6 and appellant-Insurance Company, being the driver, owner and insurer of the van respectively.