SREE RAM GENERAL INSURANCE COMPANY LTD. Vs. RAVIKUMAR

JUDGEMENT

(1.) The insurance company is on Appeal challenging the awards made in M.C.O.P.Nos.75 and 76 of 2017, on the file of the Subordinate Court, Motor Accidents Claims Tribunal, Kuzhithurai.

(2.) The claimants in M.C.O.P.No.75 of 2017 are the parents and siblings of the deceased. They sought for compensation for the death of one Ramesh, aged about 28 years, in a road accident that occurred on 31/7/2016. According to the claimants, the deceased Ramesh was working as a Mason at Dubai and he was earning Rs.1,00,000.00 (Rupees One Lakh only) per month. Contending that the family had lost its sole bread-winner, the claimants sought for a compensation of Rs.95,00,000.00 (Rupees Ninety Five Lakhs only). They would also contend that the accident had occurred due to the rash and negligent driving of the Maxi Cab Van bearing Registration No.TN-21-AB-4413 owned by the sixth respondent and insured with the appellant-insurance company. They sought to make insurance company liable.

(3.) The insurance company resisted the claim contending that the accident did not occur in the manner as suggested by the claimants. A specific plea was raised by the insurance company that the deceased was not wearing helmet and he died of head injuries and injuries to vital organs. Therefore, the insurance company is not liable to pay the compensation.