MAYILATHAL Vs. V MOHAN BABU

JUDGEMENT

(1.) The appellants / claimants have filed claim petition against the Insurance Company and owner of the vehicle stating that when the 1st claimant's husband namely, Marimuthu was proceeding on the Trichy Main Road, the rider of the motorcycle bearing Registration No.TN-37-M-5346, rode it in a reckless manner and dashed against him. As a result, the deceased had succumbed to his injuries. Hence, the claimants have filed the claim petition in M.C.O.P.No.1234 of 2005 and claimed compensation of a sum of Rs.1,00,000.

(2.) The New India Assurance Company has filed counter statement and rebutted the claim petition. The respondent stated that the accident had not been committed by the rider of the motorcycle. Further, the accident took place on 19.12.2002, but the complaint was lodged on 24.12.2002. Further, the 2nd respondent, who was the erstwhile owner had sold the vehicle in favour of one Nagarajan and therefore the present owner of the motorcycle is a necessary party in the claim petition. The respondent decided the averments in the claim regarding age, income and occupation of the deceased and the dependency of claimants on the income of deceased.

(3.) On verifying the averments made by both the parties, the Tribunal had framed two issues namely, (1) Whether the 1st respondent had ridden the motorcycle in a rash and negligent manner and caused the said accident or whether the motorcycle bearing Registration No.TN-37-M-5346 was involved and (2) Whether the claimants are entitled to receive compensation If so, what is the quantum of compensation