NATIONAL INSURANCE CO. LTD. Vs. R. RAVI SANKAR

JUDGEMENT

(1.) On 09.02.2005, at about 6.30 p.m., when the petitioner and his wife namely Chitra were proceeding on the motorcycle bearing Registration No.TN-10-C-2102, on the Kodambakkam High Road, the lorry bearing Registration No.OR-07-G-2222, driven at a high speed, in the same direction, dashed behind the motorcycle. As a result, the petitioner's wife had sustained injuries and succumbed to it and the petitioner sustained injuries. The claim petition in M.C.O.P.No.152 of 2002 has been filed by the petitioner claiming compensation for the death of his wife.

(2.) The Insurance Company had filed counter statement and resisted the claim petition. The respondent denied the averments in the claim that the accident had been committed by the driver of the lorry. It was submitted that the rider of the motorcycle had attempted to overtake a lorry and came on to the wrong side of the road and caused the accident due to his negligence. The averments in the claim regarding age, income and occupation of the deceased was not admitted.

(3.) On considering the averments of both parties, the trial Court had framed 3 issues namely (1) Whether the accident was caused due to the rash and negligent driving of the 1st respondent's vehicle driver? (2) Whether the claimants are entitled to receive compensation? and (3) If so, what is the quantum of compensation?