ORIENTAL INSURANCE CO. LTD Vs. SUMATHI

JUDGEMENT

(1.) The Insurance Company, aggrieved by the Award, dtd. 10/3/2020, made in M.C.O.P. No.8 of 2015, by the Motor Accident Claims Tribunal cum Additional District Judge (FTC), Theni, is the Appellant before us.

(2.) Before the Tribunal, the Claimants, being Wife, Minor Daughter, Son respectively of the deceased and Mother of the deceased, sought for Compensation for the death of the deceased - Kumar in a Motor accident on 13/10/2012. It is the case of the Claimants that the deceased - Kumar and his friends were travelling from Theni to Thanjavur in a TATA Indica Car and the Driver of the said Car, namely, the First Respondent-Murugan drove the vehicle in a rash and negligent manner and capsized the Car into a large pit on the road, which resulted in fatal injuries to the said deceased - Kumar and others. The Claimants prayed for Compensation of Rs.36,00,000..00

(3.) The Appellant/Insurance Company resisted the said Petition on the ground that the vehicle was owned by the deceased and there was no Third party vehicle involved in the accident and therefore, the Claim Petition under 166 of the Motor Vehicles Act, 1988, was not maintainable. More over, no additional premium was paid in respect of the risk of death or bodily injury to the Owner of the vehicle. The Appellant, therefore, prayed for dismissal of the Claim Petition.