M. MALATHI Vs. S. DAN DEVA KUMAR

JUDGEMENT

(1.) The Claimants have filed the Appeal against the dismissal of the Claim Petition filed by them before the Tribunal.

(2.) The Appellants are Claimants, who filed the Claim Petition claiming Compensation of Rs.35,00,000.00 for the death of one Amalraj @ Mahendran caused in the accident that occurred on 16/5/2010. According to the Appellants/Claimants on 16/5/2010, when the deceased was riding as Pillion Rider in the vehicle bearing Reg. No.TN-22-AD-0622 from South to East in GST Road, the Rider of the vehicle suddenly turned right side without indication in a rash and negligent manner and endangering Public safety and dashed against the Car bearing Reg. No.TN-07-L-3144. In the said accident, the deceased sustained fatal injuries and the said accident has occurred only due to rash and negligence of the rider of the Two-wheeler in which the deceased travelled as a Pillion Rider. Hence, the Appellants filed Claim Petition.

(3.) The Claim Petition was contested by the Second Respondent/Insurance Company and they filed detailed Counter denying all the allegations apart from disputing the liability.