NATIONAL INSURANCE CO. LTD. Vs. MEGALA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed by the Insurer challenging the award passed by the Motor Accident Claims Tribunal, Special District Court (MACT), Krishnagiri in M.C.O.P.No.615 of 2019, dtd. 8/1/2021.

(2.) The respondents 1 to 5 filed a claim petition seeking compensation for the death of husband of the 1st respondent, father of the minor respondents 2 to 4 and son of the 5th respondent namely Ramesh. According to the claimants, the deceased was driving his Yamaha Crux Motor Bike bearing Registration No.TN-24-A-8070 in Krishnagiri to Kuppam Road slowly and steadily by following all traffic rules. At that point of time, Honda Splendor Bike belonged to the 6th respondent herein insured with the appellant was driven by 6th respondent in a rash and negligent manner and dashed against the vehicle of the deceased. As a result of the accident, the deceased sustained fatal injuries and died. Hence, the claim petition was filed seeking compensation of Rs.30,00,000.00.

(3.) The Appellant/Insurance Company opposed the claim petition by denying the manner of accident as described in the claim petition. It was the case of the Appellant-Insurer and the 1st respondent in the original petition that the accident had occurred only due to the negligence on the part of the deceased.