NATIONAL INSURANCE CO. LTD Vs. KANMANI

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the Insurance Company, challenging the liability to pay the compensation. One V.Srinivasan, aged 25 years, employed as Junior Assistant at Government Primary Health Center, earning a sum of Rs.6,129/ - per month, died in an accident that took place on 25.05.2003.

(2.) ACCORDING to the case of the claimant, the deceased was travelling as a pillon rider in Yamaha Motor cycle, bearing Registration No.TN29 -A -1138 and at that time, the lorry, bearing Registration No.TN28 -W -8686 came behind the motor cycle and dashed against it, causing instant death of Srinivasan. The complaint has been lodged by one Sivakumar, who was driving the two wheeler, at the time of accident. A case was registered by Dharmapuri Police in Crime No.711 of 2003 under Sections 279, 337 and 304 -A IPC.

(3.) WHEN the claim petition was filed before the Tribunal, the first respondent, owner of the vehicle therein, remained exparte. It is only the Insurance Company, which contested the claim petition. The second respondent filed a counter alleging non -involvement of the vehicle, i.e., the lorry bearing Registration No.TN28 -W -8686. The Insurance Company has also sought for reinvestigation in respect of the alleged accident and the copy of the complaint addressed to the Deputy Inspector General of Police, CB CID, dated 24.11.2005 has been marked as Ex.R -2.