E. PUSHPARANI Vs. A.R. IYYAPPAN

JUDGEMENT

(1.) ALLEGING that on 09.07.2005, there was a collision between a Motorcycle, bearing Registration No.TN 02 T 3709 and an Auto Rickshaw, bearing Registration No.TN 07 C 7635, which resulted in the death of both the rider and pillion of the Motorcycle, two separate claim petitions in M.C.O.P.Nos.715 and 716 of 2006, have been filed by the legal representatives of the deceased, in the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai.

(2.) THE United India Insurance Company Ltd., has opposed the claim, contending inter alia that the Autorickshaw, insured with them, was not involved in the accident and that a fraudulent claim has been made. M/s.Vasu Associates, a Private Investigator of the Insurance Company, has written a letter, dated 16.07.2010, to the Insurance Company, stating that initially, a FIR has been registered against the driver of an unknown vehicle, under Sections 279 and 304(A) IPC. During investigation and on verification of the Accident Register No.170, dated 09.07.2005 (Sl.No.1901476), the Investigator has recorded that the injured met with a road transport accident, near Tansi Bus stop and that they were hit by a lorry.

(3.) IN the same letter, the Investigator has also stated that the inquest report and Post -Mortem report of Mr.Stephen Chelladurai, disclose that the rider and pillion of the motorcycle were crushed antero -posteriorily, leaving the entire skull bones fractured, and brain pulpy and therefore, the Investigator has stated that if an Auto -rickshaw was involved in the accident, there was no possibility that the front tyre of the auto could have caused such grievous injuries. If the rear tyre had run over the head, then, the autorickshaw itself, would have capsized. In the letter, the Investigator has further stated that there was no police report or hospital records, mentioning tyre mark of the autorickshaw, found in the head of the deceased.