DIVISIONAL MANAGER Vs. A LAKSHMI

JUDGEMENT

(1.) IN this appeal, the Insurance Company, namely, New India Assurance Company, mainly disputes the negligence question, consequently, its liability to pay the compensation amount to the claimants under the award of the Tribunal.

(2.) IT is not in dispute that the road accident had taken place on 14.4.2002. It is also not in dispute that Andavan died of injuries sustained in the road accident. Claimants 1 to 5, who are respondents 1 to 5 in this appeal are dependents of the deceased.

(3.) ACCORDING to the learned counsel for the appellant, at the time, when the accident took place, actually the motor bike was driven by Andavan, (deceased) and Mannar (6th respondent) had travelled in the bike only as a pillion-rider. The very accident was due to the rash and negligent riding of the bike by the deceased. So, for his own negligence, compensation cannot be granted.