LAWS(MAD)-2013-1-380

BRANCH MANAGER, KANYAKUMARI DISTRICT Vs. AMUTHA

Decided On January 10, 2013
Branch Manager, Kanyakumari District Appellant
V/S
AMUTHA Respondents

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the present appeal in C.M.A.(MD).No.936 of 2011, against the judgment and decree passed in M.C.O.P.No.931 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.2, Madurai.

(2.) THE petitioners, who are the legal heirs of the deceased V.Packiaraj, have filed the claim in M.C.O.P.No.931 of 2005, claiming a compensation of a sum of Rs.15,00,000/- from the respondents, for the death of the said Packiaraj in a motor vehicle accident. It was submitted that on 24.05.2004, the(deceased) Packiaraj traveled in the 1st respondents motor cycle namely TVS-Max-100-R bearing registration No.TN-58E-3274, driven by one Soundarapandian, on the Kallupatti to Periyar main road and at around 10.30 p.m., when they were nearing chatrapatti Village, the tractor bearing registration No.TN-58-0650 belonging to the 5th respondent and the trailer bearing registration No.TN-60-5803 belonging to the 3rd respondent, attached to the tractor was going in front of the two wheeler. The said tractor and trailer was driven by its driver in a rash and negligent manner at a high speed and all of a sudden, due to sudden application of brake, the tractor and trailer was stopped abruptly, resulting in the two wheeler which was plying behind the tractor, dashed against the tractor. In the said impact, the deceased was thrown from the vehicle and he sustained grievous and multiple injuries all over the body. He was immediately admitted at the Jawahar Hospital, Madurai and was given treatment till 25.07.2004. In spite of tretment, he died on 25.07.2004. At the time of accident, the deceased Packiaraj was carrying on business in Mosaics and Marbles and was earning Rs.8,000/- per month. Hence, the petitioners, who are the wife, children, parents, sister and brother of the deceased Packiaraj have filed the claim as against the 1st to 6th respondents. The 1st respondent is the owner of the two wheeler and the 2nd respondent is the insurer of the two wheeler. The 5th respondent is the owner of the tractor bearing registration No.TN-58-0650 and the 6th respondent is its insurer. The 3rd respondent is the owner of the trailer bearing registration No.TN-60-5803 and the 4th respondent is its insurer.

(3.) THE 2nd respondent, in his counter has denied the averments in the claim regarding manner of accident, age of the deceased and loss of earning. It was submitted that the vehicle bearing registration No.TN-58E-3274, was driven by the deceased Packiaraj, who did not have a valid driving licence and not driven by T.Soundararajan as alleged in the claim. It was submitted that under the policy taken for the vehicle bearing registration No.TN-58E-3274, coverage is extended to only the owner of the vehicle and not for the third party who drives the vehicle with pillion rider. It was submitted that the claim was excessive.