NEW INDIA ASSURANCE COMPANY LTD. Vs. MADHAMMAL

JUDGEMENT

(1.) The New India Assurance Company Limited, which figured as the second respondent in MCOP.No.341 of 2005 on the file of the Motor Vehicle Accident Claims Tribunal (Additional District Judge), Dharmapuri, is the appellant in the present Civil Miscellaneous Appeal. The claimants before the Tribunal are the respondents 1 to 3 in the appeal. The owner of the offending vehicle allegedly involved in the accident, who figured as the first respondent in MCOP is the 4th respondent in the appeal.

(2.) The respondents 1 and 2 herein, being the wife and father of the deceased Vijayakumar, claimed compensation to the tune of Rs.10,00,000/- by filing MCOP.No.341 of 2005 on the file of the Tribunal against the 4th respondent herein and the appellant herein as owner and insurer respectively of the lorry bearing registration No.TAS-4579 for the death of Vijayakumar, husband of the first respondent. As the first respondent was carrying a child in the womb and during the pendency of the MCOP she delivered a child, the said child was impleaded as third petitioner in the MCOP. In their petition, they had contended that while the deceased Vijayakumar was proceeding in his bicycle from Gandhipalayam to Dharmapuri Bus Stand cautiously and observing all traffic rules keeping extreme left side of the road on 09.02.2005 at about 4.30 a.m, the above said lorry bearing registration No.TAS-4579 came from behind, driven by its driver in a rash and negligent manner and hit the cycle near Periyar Statue causing instant death of the said Vijayakumar. According to the respondents 1 to 3 / claimants 1 to 3 in the MCOP, the accident took place solely due to the rash and negligent driving of the above said lorry by its driver and hence, the 4th respondent as owner and the appellant as insurer of the lorry were liable to pay compensation to them.

(3.) The 4th respondent, who figured as the first respondent in the MCOP, did not contest the case and he remained ex parte.