CHOLAMANDALAM MS GENERAL INSURANCE CO Vs. KUMUDHAVALLI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Insurance Company as against the judgment and decree dtd. 11/10/2017 made in MCOP.No.2906 of 2015 on the file of the Motor Accident Claims Tribunal (I Additional Court), Salem. As against the same judgment and decree, cross objection is filed by the third respondent in the claim petition, who is the son of the first wife of the deceased.

(2.) For the sake of convenience, the parties are referred to as per their litigating status before the Tribunal.

(3.) It is the case of the claimants that they are the wife, children and father of the deceased Vedichi and the third defendant is the son of the first wife of the deceased. On 13/11/2015, when the deceased was riding his motorcycle on Sangakiri to Salem Main Road, he dashed against the vehicle viz., Tata Ace bearing Registration No.TN 33 BE 0610, which was owned by the first respondent and insured with the second respondent. It is the specific case of the claimants that Tata Ace was parked in a no parking area at night time without any signal indicating parking of the vehicle and following safety measures. In the said situation, the deceased hit the Tata Ace vehicle and lost control and fell on the road. Due to the impact, the deceased sustained grievous injuries and immediately, he was admitted in a Hospital, but unfortunately he died.