BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. Vs. DINESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Appellant/Insurance Company against the Judgment and Decree dtd. 31/7/2014 made in M.C.O.P.No.175 of 2012 on the file of Motor Accident Claims Tribunal, Principal District Court, Pudukkottai.

(2.) The Appellant/Insurance Company is the 2nd respondent in M.C.O.P.No. 175 of 2012 on the file of Motor Accident Claims Tribunal, Principal District Court, Pudukkottai. The 1st and 3rd respondents are the children, 2nd respondent is the wife, 4th and 5th respondents are the parents of the deceased by name Mr.Sekar. They filed the above said claim petition, claiming a sum of Rs.45,15,000.00 (Rupees Forty Five Lakhs and Fifteen Thousand only) as compensation for the death of said Sekar, who died in the accident that took place on 17/7/2011.

(3.) According to the respondents 1 to 5, on the date of accident i.e., on 17/7/2011 at about 09.15 a.m, when the deceased was riding his TVS 50 motorcycle bearing Reg.No.TN-45-E-0889 on the road from Mathur to Ilupur from North to South, the rider of Hero Honda Motorcycle bearing Reg.No.TN-45-Q-3762 came in the opposite direction on the wrong side and caused the accident. The accident took place due to the rash and negligent act of the rider of Hero Honda vehicle. The said Sekar sustained injuries all over the body and succumbed to injuries on the same day. Therefore, the respondents 1 to 5 filed the above claim petition for claiming compensation against the Appellant / Insurance Company.