NATIONAL INSURANCE COMPANY LIMITED Vs. V VASANTHA

JUDGEMENT

(1.) NATIONAL Insurance Co. Ltd. third in M.C.O.P.No.38 of 1979 on the file of the Motor Accidents Claims Tribunal, Coimbatore, is the appellant, Petitioners 1 to 3 and respondents 1 and 2 before it are the respondents herein Ranking of parties is, as before the Tribunal.

(2.) PETITIONERS claimed that they are entitled to a compensation of Rs.75,000 for the death of one Vyasarao, who thed in a scooter accident on 13.9.1978, on the Avinashi Road, Peelamedu, Coimbatore. They stated as follows: On the fateful day when Vyasarao the husband of first petitioner and the father of petitioners 2 and 3, was travelling in the pillion of the scooter T.N.B.5601, which was then being driven by the first respondent and belonging to the second respondent, it skidded, and as a result thereof, he was thrown off the pillion and he sustained injuries and later on he succumbed to the injuries in the hospital. This accident was due to the rash and negligent driving of the first respondent who was then in the scooter for the business of the second respondent. He was aged 44 years and drawing a monthly salary of Rs.605, and he was entitled to annual increments and better prospects, and he could have normally lived upto 70 years, and the compensation, as claimed is fair.

(3.) THIRD respondent stated that as the pillion rider is not covered by the Insurance policy, it cannot be made liable for the consequences of the accident.