UNITED INDIA INSURANCE CO. LTD. Vs. SELVAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the award dtd. 23/11/2018 in M.C.O.P.No.1527 of 2015 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, Namakkal), awarding a sum of Rs.11,59,200.00 together with interest at the rate of 7.5% per annum, at the instance of the 2nd respondent before the Tribunal viz., the insurance company.

(2.) Brief facts necessary for adjudicating the grounds raised before this Court are as follows:

(3.) The appellant herein as the 2nd respondent filed a counter denying that the driver of the lorry was at fault. The counter also put forth an interesting contention that the FIR was lodged by the friend of the deceased himself, who infact was a pillion rider along with the deceased and that he having suffered injuries, has filed an independent claim petition in M.C.O.P.No.283 of 2016. It is further contended in the counter that in the said FIR it has been mentioned that the deceased tried to ride the bike in between the lorry and another private college bus and therefore, the deceased contributed to the accident by his rash and negligent driving. It is also stated that even though the rules permit only one pillion rider, the deceased was driving the bike with two pillion riders, both of whom have filed independent claim petitions alleging that the deceased Mohankumar alone was at fault. In short, the appellant contended that they are not liable to compensate the fanciful claims made by the respondents 1 to 3 herein.