NATIONAL INSURANCE CO LTD Vs. VIJAYA

JUDGEMENT

(1.) The appellant/3rd respondent has filed this civil miscellaneous appeal as against the award and decree dated 17.6.2004 made in MCOP.No.176 of 1998 on the file of Motor Accidents Claims Tribunal (Addl. District Judge), Dharmapuri.

(2.) The respondents 1 to 4/petitioners have filed the claim petition for compensation of Rs.7,00,000/- for the death of one K.Ganesan in the motor accident. Case of the claimants is that on 12.12.1997, the deceased was travelling as a pillion rider in Hero Hondo motor bike bearing Regn.No.TAL 1501 driven by his friend Govindhan and on the way to Dharmapuri Town in Salem Dharmapuri main road just opposite to Sri Devi Lodge, the lorry bearing Regn.No.TN 28 0510 driven by the 5th respondent/1st respondent in O.P in a rash and negligent manner, hit the abovesaid Hero Honda motor bike, resulting which, the deceased sustained injuries and died and a criminal case was registered in Cr.No.1438/1997 and therefore the 5th respondent/1st respondent as driver of the lorry, 6th respondent/2nd respondent as owner and 3rd respondent/appellant as insurer of the lorry are liable to pay compensation to the claimants. It is further stated that at the time of the accident, the age of the deceased was 32 and he was working as civil contractor and earned Rs.5000/- pm. The claimants are wife, daughter and sons of the deceased and therefore they claimed Rs.7 lakhs as compensation.

(3.) Before the Tribunal, the case against the 5th respondent/1st respondent driver of the lorry was dismissed and the owner of the lorry viz. 6th respondent/2nd respondent remained exparte and only the appellant-insurance company has contested the case and contended that the accident was occurred only due to rash and negligent driving of the Hero Honda motor-cycle bearing Regn.No.TAL 1501 and FIR and chargesheet were laid against the driver of the abovesaid motor-cycle. The driver of the Hero Honda bike without watching the vehicle coming in the opposite direction tried to overtake the lorry bearing Regn.No.28 0510 with great speed, resulting which, he hit the lorry in rear right side corner and fell down and the deceased died. It is further stated that the claim petition against the respondents is not maintainable and also contended that the petitioners should prove the age, avocation and income of the deceased and the amount of compensation claimed is highly excessive.