UNITED INDIA INSURANCE CO. LTD Vs. R. ANJAMANI

JUDGEMENT

(1.) Feeling aggrieved with the Award passed by the 'Motor Accident Claims Tribunal (II Court of Small Causes), Chennai' [henceforth 'Tribunal' for brevity] in M.C.O.P. No.7316 of 2016, the Second Respondent/Insurance Company has preferred this Civil Miscellaneous Appeal.

(2.) For the sake of convenience, the parties will hereinafter referred to as per their rank in the Motor Claim Original Petition.

(3.) The case of the Petitioners is that on September 27, 2016 at about 12.30 hours, the Petitioners' son R. Babu was travelling as a Pillion Rider on the Motorcycle bearing Registration No.TN-05-BC-6010 from Chennai towards Tada at NH-16 Road. While nearing Akkampet Village, due to the rash and negligent riding of the Rider of the Motorcycle, the Petitioners' son fell off the Bike onto the road. Due to the accident, the Petitioners' son sustained severe head injuries and immediately, he was admitted in Global Hospital and then referred to Rajiv Gandhi Government General Hospital, Chennai for further treatment where he succumbed to the injuries on the same day viz., September 27, 2016. At the time of the accident, the Petitioners' son was working as a Computer Operator in a Private concern. Hence, the Petitioners filed a Motor Claim Original Petition before the Tribunal seeking compensation for a sum of Rs.75,00,000.00 (Rupees Seventy Five Lakh Only). The First Respondent is the Owner of the vehicle. The First Respondent's vehicle was insured with the Second Respondent. Hence, the Petitioners seek Compensation against both Respondents.