UNITED INDIA INSURANCE COMPANY LIMITED Vs. R.CHITRA

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.73 of 2007, on the file of the Motor Accidents Claims Tribunal, Sub Court, Devakottai.

(2.) THE short facts of the case are as follows:- The petitioners, who are the parents of the deceased Vinodkumar have filed the claim in M.C.O.P.No.73 of 2007, claiming compensation of a sum of Rs.6,70,000/- from the respondents for the death of the said Vinodkumar in a motor vehicle accident. It was submitted that on 03.06.2007, the (deceased) Vinod Kumar rode the first respondent's Hero Honda motorcycle bearing registration No.TN-45-F-9844, with one Yogaraj as a pillion rider, from Keezhaseevalpatti towards Tirupattur after finishing their work at Tirupathur, when they were near Chillampatti Vilakku, an unidentified vehicle coming in the opposite direction dashed against the motorcycle and caused the accident. The rider of the motorcycle, viz., Vinodkumar sustained grievous injuries and died on the spot. The pillion rider, i.e., Yogaraj sustained injuries. At the time of accident, the deceased was 22 years and was working in a jewellery shop and earning Rs.3,000/- per month. Hence, the petitioners have filed the claim against the first and second respondents, who are the owner and insurer of the Hero Honda motorcycle bearing registration No. TN-45-F-9844.

(3.) THE Motor Accidents Claims Tribunal had framed three issues for consideration in the case, viz.,