BAJAJ ALLIANZ GENERAL INS. CO. Vs. VANITHA

JUDGEMENT

(1.) The instant appeal has been filed by the Insurance Company challenging the award passed in MCOP.No.28 of 2015 on the file of the Motor Accident Claims Tribunal/Additional District Court (FTC), Theni primarily on the ground of liability.

(2.) According to the claimants, the deceased was riding a motor cycle on 18/9/2005 along with a pillion rider. At that time, a three wheeler owned by the first respondent and insured with the second respondent was driven in a rash and negligent manner and dashed against the motor cycle which resulted in grievous injuries. The injured person later succumbed to the injuries.

(3.) An F.I.R was lodged in Crime No.301 of 2005 by the Station House Officer of Allinagaram Police Station as against the first respondent. The claimants had contended that the deceased was aged 35 years and self employed, he was earning a sum of Rs.15,000.00 per month. The claimants have prayed for a compensation of Rs.25,00,000.00.