K.SIVAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Appellants are the Claimants in M.C.O.P. 88 of 2021 on the file of the Motor Accident Claims Tribunal, Perambalur. They filed the Claim Petition under Sec. 166 of the Motor Vehicles Act, 1988 seeking Compensation of Rs.80,00,000.00 for the death of their son Raja in a Road accident that occurred on 25/1/2021.

(2.) The brief case of the Appellants/Claimants is as follows: On 25/1/2021, Raja (since deceased) was riding a Hero Passion Pro Motorcycle bearing Registration Number TN-46-R-6711 on Mandapam Nannai Road and at about 6.10 p.m. a speeding Hero Splender Motorcycle bearing Registration Number TN-46-X-9840 belonging to the First Respondent came on the opposite direction and hit the Two-wheeler driven by Raja (deceased) resulting in his instantaneous death.

(3.) According to the Claimants, the rash and negligent driving of the Rider of the Motorcycle bearing Registration Number TN-46-X-9840 was the cause of the accident and that since the said vehicle was insured with the Second Respondent, the Tata AIG General Insurance Company Limited, the Owner and the Insurer are jointly and severally liable to pay Compensation to them.