NEW INDIA ASSURANCE COMPANY LIMITED Vs. AVUDAIAMMAL

JUDGEMENT

(1.) THE appellant / second respondent has preferred the appeal in C.M.A.(MD)No.635 of 2010, against the judgment and decree passed in M.A.C.O.P.No.77 of 2004, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Virudhunagar.

(2.) THE short facts of the case are as follows:- The petitioners, who are the children of the (deceased) Muthammal have filed a claim in M.C.O.P.No.77 of 2004, claiming compensation of a sum of Rs.2,00,000.00 from the respondents, for the death of the said Muthammal in a motor vehicle accident. It was submitted that on 19.01.2004, at about 1.45 pm., when the (deceased) Muthammal was walking on the Rajapalayam - Srivillipudur Road, on the left side of the road and when she was near M.K.S.Petrol Bunk, the first respondent's motorcycle bearing Registration No.TN-72-W-9340, coming from west towards south on the same road, and ridden by its rider at a high speed and in a rash and negligent manner dashed against the (deceased) Muthammal and caused the accident. The (deceased) Muthammal sustained severe injuries on her head. She was initially admitted at Rajapalayam Government Hospital and then was taken to Government Rajaji Hospital, but she succumbed to her injuries while on the way to the hospital. The second respondent had filed a petition that the vehicle bearing Registration No.TN-72-W-9340 was not involved in the accident and that only the vehicle bearing Registration No.TN-69-D-9434 was involved in the accident, and that the owner of the said vehicle should be added as a necessary party. The petition was allowed and the owner of the vehicle bearing Registration No.TN-69-D-9434 was added as the third respondent. Hence, the petitioners have filed the claim against the first and second respondents, who are the owner and insurer of the vehicle bearing Registration No.TN-72-W-9340.

(3.) THE second respondent, in his counter has submitted that the vehicle bearing Registration No.TN-72-W-9340 was not involved in the accident and that only the vehicle bearing Registration No.TN-69-D-9434 was involved in the accident. It was submitted that as the vehicle bearing Registration No. No.TN-69-D-9434 had not been insured with them, the second respondent is not liable to pay any compensation to the petitioners.