HDFC ERGO GENERAL INSURANCE CO., LTD Vs. RANI

JUDGEMENT

(1.) The 2nd respondent / The HDFC ERGO General Insurance Company Limited in MCOP No.630 of 2014, which was on the file of the III Additional District Court / Motor Accident Claims Tribunal, Poonamallee at Tiruvallur District is the appellant herein. They are aggrieved by the direction given in the order passed in the aforementioned MCOP No.630 of 2014 dtd. 5/1/2018 to pay the compensation awarded for the unfortunate death of G.Boopathy owing to an accident and later recover that particular compensation from the 1st respondent in the claim petition / SRM Transport India Private Limited.

(2.) Before this Court, the said SRM Transport India Private Limited had been shown as the 5th respondent in this Appeal. Notice had been directed to be issued. A perusal of the Court records shows that notice issued through Court had been served on them on 22/9/2018. The appellant had given up the aforementioned 5th respondent in the Civil Miscellaneous Petition and retained them as a 5th respondent in the Appeal.

(3.) The brief facts of the case before the Tribunal are that the deceased G.Boopathy was proceeding in a bi-cycle from Porur to Kundrathur Main Road on 26/7/2014 at around 7:20 p.m. When he reached Parimalam Theatre, a Cement Ready Mix Lorry bearing Regn. No.TN-19-B9186 owned by the 1st respondent, is said to have come in a rash and negligent manner and had hit his bi-cycle from behind. G.Boopathy sustained injuries and was admitted to Madha Hospital, Kovur, but he unfortunately died. The claimants claimed that the accident occurred only due to the rash and negligent manner in which the Cement Ready Mix Lorry was driven.