ORIENTAL INSURANCE COMPANY LIMITED Vs. RASU

JUDGEMENT

(1.) THE respondents/claimants have filed a claim petition in M.C.O.P.No.561 of 2007, on the file of the Motor Accident Claims Tribunal, Additional Subordinate Court, Kumbakonam, for claiming compensation a sum of Rs.5,00,000/- with interest against the appellant/respondent, stating that at about 09.30 a.m., on 26.07.2007, the 1st claimant's wife viz., Pachaiammal and her son, the 2nd claimant were proceeding on the Kalyanapuram to Poompuhar road, in order to work as coolies and at that point of time, the rider of the motor cycle had driven his vehicle bearing registration No.TN-51S-8451 at a high speed and in a rash and negligent manner, from the opposite direction and dashed against the (deceased) Pachaiammal and her son Raja, who is the

(2.) ND claimant in the above said original petition. In the impact, the deceased Pachaiammal died and the 2nd claimant Raja also sustained grievious injuries. Hence, the claimants had levelled the claim petition against the respondents and sought compensation. 2. The 2nd respondent/Oriental Insurance Company had filed a counter statement. It was admitted that the offending vehicle was insured with their company, that the rider of the motor cycle did not have a valid driving licence. It was also submitted that the vehicle was not worthy to ply on the road. The averments in the claim regarding age, income of the deceased was also denied. Further, the respondent did not admitted that the petitioners are the sole legal heirs of the deceased. It was submitted that the claim was excessive.

(3.) PW .1, had adduced evidence that the deceased Pachaiammal was his wife and mother of the other claimants. He deposed that on 26.07.2007, when she and her son Raja was proceeding on the Kalyanapuram-Poompuhar road for doing coolie work and about 09.30 a.m., the 1st respondent's vehicle coming in the opposite direction had dashed against his wife and she had succumbed to her injuries on the way to hospital.