ORIENTAL INSURANCE COMPANY LIMITED Vs. S.VELUSAMY

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal arises against the award passed in M.C.O.P.No.3 of 2014 passed by the learned Special Subordinate Judge, Motor Accidents Claims Tribunal, Erode. The 4th respondent/Insurance Company is the appellant before this Court.

(2.) The 1st respondent is the claimant and the owner and rider of the Bajaj Platina motor cycle, bearing Registration No.TN 33 BC 0384. The 2nd respondent is the driver of the Tipper lorry, bearing Registration No.TN 36 1284. The 3rd respondent is the owner of the Tipper lorry and the 4th respondent is the insurer of the tipper lorry. The 1st respondent is the owner of the motor cycle which is insured with the 4th respondent, appellant herein.

(3.) The facts in brief which give rise to the filing of the claim petition before the Tribunal are as follows: The 1st respondent along with his wife were travelling in his motor cycle bearing Registration No.TN 33 BC 0348 insured with the appellant on the Kangayam to Erode Road in a careful and cautious manner. His wife is the claimant in M.C.O.P.No.739 of 2013 on the file of the learned Special Subordinate Judge, Motor Accidents Claims Tribunal, Erode. It is the case of the 1st respondent that he was riding the said motor cycle at a moderate speed and proceeding from South to North keeping to the left side of the road when they approached Rattaisutripalayam, a Tipper lorry bearing Registration No.TN 36 1284 belonging to the 3rd respondent and insured with the 4th respondent was driven by its driver, the 2nd respondent herein in a rash and negligent manner. The driver of the lorry was the cause of the accident.