NEW INDIA ASSURANCE CO. LTD Vs. SIVASAKTHI

JUDGEMENT

(1.) THE claimants have filed the claim against the owner and insurer of the Auto bearing Registration No.TDT -2035, for the death of the 1st claimant's husband namely Annadurai in a Motor Vehicle Accident. It was submitted that on 20.05.2005, at about 6.15 p.m., when the deceased was proceeding on a motorcycle bearing Registration No.TN -37 -AK -1287, on the Palakkad Main Road, the Auto bearing Registration No.TDT -2035, coming from the opposite direction and driven in a negligent manner had dashed against the deceased, causing his death. Hence, the wife and two minor children of the deceased have filed the said claim.

(2.) THE New India Assurance Company had filed a counter statement and resisted the claim. The averments in the claim that the accident had been caused by the driver of the auto was not admitted. It was submitted that the driver did not possess a valid driving licence and that the vehicle had not been covered by valid records. Actually, the deceased had caused the accident by his negligent driving. The averments in the claim regarding age, income and occupation of the deceased was also not admitted.

(3.) ON the side of the claimants, the 1st claimant was examined as PW1 and 10 documents were marked namely: F.I.R.; Motor Vehicle Inspector's report; Rough Sketch; Postmortem report; Death certificate; Legal heir Certificate; Charge sheet and Income tax particulars. On the side of the respondents, one witness was examined and two documents were marked namely Insurance Policy and Judgment copy of Criminal Court.