M. MUTHU KRISHNA Vs. R. BRINDHA AND OTHERS

JUDGEMENT

(1.) THE first Respondent in M.A.C.T.O.P. No. 242 of 1978, on the file of the Motor Accidents Claims Tribunal, Tiruchirappalli, is the Appellant. On 15th March, 1978, at about 5.30 p.m., he was working as an Assistant Director of Planning Commission, Tiruchirappalli and was riding his scooter bearing registration No. TEY 6087 with one Raghavendran, who was working in the same office, on the pillion. The scooter was nearing the railway overbridge adjacent to the junction at Tiruchirappalli. At an intersection of two roads the scooter and a cycle collided. Due to the impact, the pillion rider fell down and appeared to have become unconscious. He was admitted to the Government Headquarters Hospital, Tiruchirappalli and thereafter he was removed to a private nursing home for 'better treatment'. He however died in the early hours of the 19th March, 1978. Intimation about the accident of Raghavendran was given, to his wife and children who reached Tiruchirappalli. After the death of Raghavendran the body was being taken to Erode in a motor vehicle. It was intercepted at Kuzhithalai and brought back to Tiruchirappalli, where there was a post mortem performed at the Government Headquarters Hospital. After the post -mortem the body was returned and the funeral ceremonies were gone through at Erode.

(2.) THE claimants viz., the widow, the son and three daughters, the daughters being minors, then aged between 7 and 14, filed a claim petition alleging that the death of Raghavendran was due to the rash and negligent driving of the scooter by the Appellant. The compensation claimed by them was Rs. 60,000/ -. They impleaded the Appellant, the owner of the scooter and the insurance company with which it was insured, as Respondents.

(3.) THE insurance company denied any liability on the ground, among others, that the pillion rider was not covered by the insurance policy.