NEW INDIA ASSURANCE COMPANY LIMITED Vs. PREMAVATHI

JUDGEMENT

(1.) THE short facts of the case are as follows:- The claimants have filed claim petition in M.C.O.P.No.379 of 2010, on the file of Principal District Judge, Motor Accidents Claims Tribunal, Thoothukudi, against the owner and insurer and claiming a compensation of a sum of Rs.10,00,000/-, stating that on 28.07.2010, at about 3.45 p.m., when the first claimant's husband viz., Rathinam Asari was proceeding on his bicycle on the Ettaiyapuram Main Road, the first respondent's lorry bearing registration No.TN-04-H-4264, driven by the first respondent himself, in a rash and negligent manner had dashed against the said Rathinam Asari. As a result, the said Rathinam Asari had sustained grievous injuries and succumbed to the injuries at the Government Hospital, Thoothukudi.

(2.) THE Insurance Company had filed counter statement and resisted claim petition. The respondent stated that actually the said vehicle was not involved in the said accident and the first respondent viz., owner of the vehicle connived with the claimants and claimed compensation since the vehicle had been insured with them. The averments in the claim regarding age, income and occupation of the deceased were denied.

(3.) ON the side of the claimants, the second claimant was examined as P.W.1 and seven documents were marked as Exs.P1 to P7, viz., Ex.P1-copy of first information report dated 28.07.2010, Ex.P2-inquest report dated 28.07.2010, Ex.P3-postmortem certificate, Ex.P4-A.I.R.copy, Ex.P5-policy copy, Ex.P6-driving licence and Ex.P7-registration with Industries and Commerce Department. On the side of the respondents, no witness was examined and no document was marked.