MUTHULAKSHMI Vs. S. PARTHIBAN

JUDGEMENT

(1.) Not being satisfied with the quantum of Compensation awarded by the Tribunal in M.C.O.P. No.559 of 2014, the Appellants/Claimants have come before this Court challenging the same by filing the present Civil Miscellaneous Appeal.

(2.) The Claimants are the Wife and Children of the deceased Kittu @ Krishnan. On 31/5/2014, the deceased was driving a Two-wheeler bearing Registration No.TN-21-AQ-3282 near Mahendra city, G.S.T Road and when he was nearing the turn, he accidentally fell from the Two-wheeler and sustained severe injuries. He was admitted in the SRM Hospital on the same day and died on 6/6/2014. The Claim Petition was filed claiming a Compensation of Rs.9,00,000.00 for the death of the deceased Kittu @ Krishnan. The First Respondent is the Owner of the vehicle and the Second Respondent is the Insurer of the vehicle.

(3.) Before the Tribunal, a Counter Affidavit was filed by the Second Respondent/Insurance Company denying the allegations made in the Claim Petition that the accident occurred due to the rash and negligent driving by the Rider of the Motorcycle. It was also alleged that as per the Accident Register, the deceased was admitted in the Hospital by his friend Vijay and the Doctor has recorded "Alleged h/o RTA self driven Two-wheeler". Further, in the Accident Register of the SRM Hospital, it was recorded by the Doctor as "alleged h/o RTA while riding a Two-wheeler and accidentally fall from it and sustained injuries on 31/5/2014 at about 4.30 p.m. near Mahendra city". The Insurance Company also denied the allegations made in the FIR that one Anand has driven the vehicle and that the said Anand has no valid Driving Licence on the date of the accident. The Insurance Company also reiterated that if really one Anand had driven the Motorcycle, he would admitted the deceased in the Hospital. However, the deceased was admitted in the Hospital by a person named Vijay. Hence, the Insurance Company is not liable to pay any Compensation as claimed in the Claim Petition.