NATIONAL INSURANCE COMPANY LTD, CHENNAI Vs. R. MARIYAMMAL

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed challenging the judgment and decree dtd. 8/7/2022 in MCOP.No.6331 of 2017.

(2.) The learned counsel for the claimant would submit that on 15/9/2017, while one Sathishkumar was travelling as pillion rider in motorcycle bearing Registration No.TN-12-P-4951 at Anna Salai, the rider of the said two-wheeler rode the vehicle in a rash and negligent manner and dashed against the barricade and fell down, due to which he was died on the spot. Considering all the aspects, the Tribunal had awarded the compensation in the following manner:

(3.) He would submit that at the time of accident, the rider of the twowheeler had consumed alchohal and based on the FIR, the Tribunal had accepted the contention that there is a consumption of alchohal. Further, he would submit that though the pillion riders were well aware of the fact that the rider of the two-wheeler had consumed alchohal, they had risked their own life and travelled in the two-wheeler of the rider and hence, it is a wilful negligence on the part of the deceased pillion rider. Thus, he requested this Court to fasten any reasonable negligence and liability against the deceased pillion rider.