(1.) As per the version of the parents, the respondents herein, that on 25.04.2007, about 7.45 Hours, when their daughter, Minor Shadhu, aged about 5 years, student of a primary school, at Singarapettai, was returning to her house, walking on the left side of the road, opposite to a Hardware shop, a Motorcycle, TVS Star DLX, bearing Registration No.TN 24 X 5235, driven in a rash and negligent manner, dashed against her from behind. She was thrown away and sustained fatal injuries. Immediately, the injured was taken to Government Hospital, Uthangarai Government Hospital, but she died on the way to the hospital. They claimed compensation of Rs.4,00,000/-.
(2.) The owner of the vehicle, N.Mathiarasan, 3rd respondent herein, remained ex parte.
(3.) M/s.United India Insurance Co. Ltd., Tirupattur, insurer of the motorcycle, died negligence, attributed against the rider. The Company submitted that the deceased suddenly crossed the road, without observing the Motorcycle and through the rider applied sudden brakes, the vehicle came in contact with the girl. Therefore, they further submitted that the accident did not occur, due to the negligent of the motorcyclist and adequate care and caution was taken, to avoid the same. For the reasons, stated supra, they disputed the liability to pay compensation.