ORIENTAL INSURANCE COMPANY LIMITED Vs. N.SARASWATHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order made in M.C.O.P.No.10 of 2006, dtd. 17/10/2008 on the file of the Motor Accident Claims Tribunal / District Judge, Kanyakumari at Nagercoil. The appellant is the second respondent. The respondents 1 to 4 are the claimants 1 to 4. The 5th respondent is the first respondent in the claim petition.

(2.) A Brief substance of the claim petition is as follows: On 22/10/2002 at about 10.00 p.m., when the deceased Pandiyan Nadar was travelling as a pillion rider in a Scooter, bearing Registration No.TN-3859, from Suchindrum towards Nagercoil in National High way, the rider of the vehicle / first respondent drove the vehicle in a rash and negligent manner. While so, a cyclist came across the road, the first respondent applied sudden brake. Due to that impact, the deceased fell down on the road and he sustained multiple injuries. He was taken to Suyambulingam Hospital and then he was admitted in Veerabathran Hospital at Rajakkamangalam. Subsequently, he was admitted in Thanu Hospital, Kottar and he died on 3/11/2002. The deceased was working as a load man. The petitioners are his dependants and they pray a sum of Rs.5,00,000.00 as compensation.

(3.) A Brief substance of the counter filed by the second respondent is as follows: