NATIONAL INSURANCE COMPANY Vs. SARASWATHI

JUDGEMENT

(1.) CHALLENGING the findings rendered by the Motor Accident Claims Tribunal, Tiruchengode, in and by award dated 29.01.2013 in M.C.O.P.No.2 of 2009, fixing the liability on the part of the appellant herein/Insurance Company to pay the compensation amount to the respondents 1 to 3 herein/claimants, the present appeal has been filed by the Insurance Company.

(2.) THE respondents 1 to 3 herein are the claimants and they are the wife, son & daughter of the deceased Devaraj, respectively. It is the case of the claimants that on 25.02.2005 at about 7.30 pm, while the deceased Devaraj was riding a two -wheeler viz., Suzuki Bike, from Namakkal to Tiruchengode, a mini -auto bearing Registration No.TN 34 B 0252, which was proceeding in front of him, was suddenly stopped by its driver. In that process, the rider of the two -wheeler Devaraj, who was coming behind the mini -auto, hit on the rear side of the mini -auto, as a result of which he was thrown away from the two -wheeler and sustained grievous injuries and died on the spot. Hence, the respondents 1 to 3 herein/claimants made a claim as against the owner of the mini -auto as well as the Insurance Company/appellant herein.

(3.) PER contra, the learned counsel for the claimants made submission supporting the award passed by the Tribunal.