IFFCO-TOKIO GENERAL INS. CO. LTD. Vs. MUTHUKUMAR

JUDGEMENT

(1.) These two Civil Miscellaneous Appeals arise out of M.C.O.P.No.358 of 2017, a claim petition lodged by the respondents 1 and 2 herein seeking compensation for the death of their 19 year old son Andi Shanmugavel, who was the student of Engineering.

(2.) According to the petitioners, the deceased Andi Shanmugavel was travelling as a pillion rider in a two-wheeler bearing Registration No.TN-59-BB-5355, which was driven by his friend and as they were about to enter the college, which was on the right side of the four lane Highway, Madurai - Aruppukottai road, the car bearing Registration No.TN-39-AT-6565 which came in the opposite direction driven by its driver in a rash and negligent manner, dashed against the two wheeler, as a result of which, the deceased Andi Shanmugam was thrown off the bike, suffered head injury and died on the spot.

(3.) The car was insured with the appellant in C.M.A(MD) No.142 of 2022. As the insurer of the car, the claim was made against the appellant in C.M.A.(MD) No.142 of 2022. The owner of the two-wheeler and insurer of the two-wheeler were also made parties as respondents 4 and 5/respondents 3 and 4. The driver cum owner of the car was the third respondent / first respondent.