ORIENTAL INSURANCE CO. LIMITED Vs. SUGUNA

JUDGEMENT

(1.) The Insurance Company which is the second respondent before the Tribunal has filed the above Appeal challenging the Award passed by the Motor Accident Claims Tribunal, Special Sub Court No.I, Motor Accidents Claims Petitions, Small Causes Court, Chennai in M.C.O.P.No.5416 of 2016.

(2.) In order to appreciate the grievance of the Appellant, it is necessary to briefly extract the facts that has given rise to the above Appeal. The claim petition in question was filed by the parents of one Naveen Kumar, aged about 22 years, who had died in a road accident on 15/11/2014. They are described as respondents 1 and 2 herein. The narration of the above accident as given in the claim petition is as follows: On 15/11/2014 at about 16.00 hrs. when the deceased was travelling as a pillion rider in a Motor cycle bearing Regn. No.TN-01-AW-1791 at Kottamedu to Chingleput Salai, Temple Bend, E6 Thiruporur P.S. Limit, Kancheepuram District, the same was riding in a rash and negligent manner at a great high speed and without observing the traffic rules suddenly applied break, due to which the motor cycle capsized, the deceased thrown out and sustained multiple injuries, the deceased first treated in the Govt. Hospital, Chingleput, and referred to Rajiv Gandhi Govt. General Hospital, Chennai treated as inpatient in the above hospital and died on 17/11/2014. Post Mortem conducted in the Rajiv Gandhi Govt. Hospital, Chennai. The rider of the Motor cycle is alone responsible for the above accident.

(3.) The respondents 1 and 2 had sought compensation of a sum of Rs.50,00,000.00.