UNITED INDIA ASSURANCE COMPANY LIMITED Vs. P. GIRIJA

JUDGEMENT

(1.) M.P.No.1 of 2013 has been allowed and the service of notice on the third respondent has been dispensed with.

(2.) This civil miscellaneous appeal is directed against the award of the Motor Accident Claims Tribunal (II Judge, Court of Small Causes), Chennai dated 24.07.2008 made in M.C.O.P.No.524 of 2005. The claimants in the above said M.C.O.P are the respondents 1 and 2 in the civil miscellaneous appeal. Respondents 1, 3 and 4 in the M.C.O.P. are the respondents 3 to 5 herein.

(3.) The respondents 1 and 2 in the civil miscellaneous appeal are respectively the widow and minor son of the deceased N.Prabhakaran. The respondents 4 and 5 herein are respectively the mother and father of late Prabhakaran. The third respondent was the owner of the alleged offending vehicle, which admittedly stood insured with the appellant insurer (United India Insurance Company Limited). The said Prabhakaran, while riding his Hero Honda motorcycle bearing Registration No.TN 01 T 8842 at the junction of Pantheon Road and Whannels Road, Egmore, Chennai at about 8.00 hours on 12.10.2004, was hit by the Auto-Rickshaw bearing Registration NO.TN-01 T-8842, as a result of which he fell down and sustained injuries, which later on proved to be fatal.