NEW INDIA ASSURANCE COMPANY LIMITED Vs. PIYARI JOHN

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the present appeal in CMA(MD).No.913 of 2012, against the judgment and decree made in M.C.O.P.No.1019 of 2010, on the file of Motor Accident Claims Tribunal, IV Additional Subordinate Court, Madurai.

(2.) THE short facts of the case are as follows:- The petitioners, who are the mother and sisters of the deceased Mahaboof Ibrahim, have filed a claim in M.C.O.P.No.1019 of 2010, claiming a compensation of Rs.8,00,000.00 from the respondents, for the death of the said Mahaboof Ibrahim, in a motor vehicle accident. It was submitted that on 30.07.2007, at about 20.30 hours, while the (deceased) Mahaboof Ibrahim was riding a bike bearing registration No.TN-65E-4011, with the pillion rider, i.e, the petitioner in M.C.O.P.No.1020 of 2010, from Kutralam to Madurai, Thirumangalm main road, Madurai and when it was near Veil Uganda Amman Koil, the 1st respondents van bearing registration No.TN-58K-8024, coming from the opposite direction i.e., east to west and driven by its driver at a high speed and in a rash and negligent manner dashed against the vehicle and caused the accident. Due to the impact, the deceased and the pillion rider were thrown away and the deceased succumbed to his injuries and the pillion rider i.e., also sustained grievous injuries. Hence, the petitioners, who are dependants on the income of the deceased have filed the claim against the 1st and 2nd respondents, who are the owner and insurer of the van bearing registration No.TN-58K-8024.

(3.) THE Motor Accident Claims Tribunal framed three issues for consideration in the case namely: (1) Was the accident caused by the rash and negligent driving of the driver of the 1st respondents van?; (2) Is the petitioner entitled to get compensation?; If so what is the quantum and who is liable to pay compensation?; (3) To what other relief he is entitled to get.