NEW INDIA ASSURANCE CO. LIMITED Vs. GEETHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company to set aside the judgment and decree dtd. 22/7/2020, made in M.C.O.P. No.210 of 2017, on the file of the Sub Court, (Motor Accident Claims Tribunal), Vaniyambadi.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.210 of 2017, on the file of the Sub Court, (Motor Accident Claims Tribunal), Vaniyambadi. The respondents 1 to 3/claimants filed the said claim petition, claiming a sum of Rs.30,00,000.00 as compensation for the death of one Arun who died in the accident that took place on 2/9/2017.

(3.) According to the respondents 1 to 3, on the date of accident, when the deceased Arun was riding on the left side of the Vaniyambadi - Ambur road in a TVS XL bearing Registration No.TN-01-V-1049 slowly and cautiously to do his wall poster pasting work, opposite to Balaji Road lines Co., Valayampattu HDFC Bank, the driver of the Bus bearing Registration No.TN-23-AE-3344 owned by the 4th respondent drove the same from opposite direction in a rash and negligent manner, lost control and dashed against the TVS XL driven by the deceased and caused the accident. In the accident, the said Arun sustained fatal injuries and died in the Hospital. The accident occurred only due to rash and negligent driving by driver of the Bus owned by the 4th respondent and hence, the respondents 1 to 3 filed the said claim petition claiming compensation against the 4th respondent and appellant-Insurance Company as owner and insurer of the Bus respectively.