ORIENTAL INSURANCE COMPANY LIMITED Vs. D.MALLIKA

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the present appeal in C.M.A.(MD).No.1272 of 2009, against the judgment and decree passed in M.C.O.P.No.680 of 2008, on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Court, Fast Track Court No.III, Madurai.

(2.) THE petitioners, who are the legal heirs of the deceased Kannan, have filed the claim in M.C.O.P.No.680 of 2008, claiming compensation of a sum of Rs.10,00,000.00 from the respondents for the death of the said Kannan in a Motor Vehicle Accident. It was submitted that on 20.01.2008, at about 08.30 p.m, when the 1st petitioner's son was riding his motor cycle bearing registration No.TN-59J-1368 from south to north in the bye-pass road and while he was negotiating the turning from south to east and entering into DD road, the bus bearing registration No.TN-58P-5488, driven by its driver in a rash and negligent manner from north to south, turned towards east to enter the DD road, without reducing the speed and dashed against the motorcycle and caused the accident. The 1st petitioner's son sustained multiple injuries and succumbed to the injuries at the spot itself. The deceased was aged about 24 years at the time of accident and working as a goldsmith and earning Rs.10,000.00 per month. Hence, the petitioners, who are dependants on the deceased's income have filed the claim as against the 1st and 2nd respondents, who are the owner and insurer of the said bus involved in the accident.,

(3.) THE Motor Accident Claims Tribunal framed two issues for consideration in the case namely: (1) Due to whose negligence was the accident caused?; (2) Whether the petitioners are entitled to get compensation? If so, what is the quantum?