MALLIGA Vs. E. MANIMEGALAI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed by the Claimants challenging the exoneration of the Insurance Company from liability of paying Compensation.

(2.) According to the Appellants/Claimants, the husband of the 1st Claimant and father of the Claimants 2 & 3 namely M. Palani died in a Road accident that had occurred on 2/10/2019. According to the Claimants, the deceased was walking from North to South on CTH Road, School Road Junction, opposite to Door No.649, Star Fancy Stores. At that point of time, the Pulsar Motorcycle belonged to the 1st Respondent insured with the 2nd Respondent was driven by its Rider in a rash and negligent manner and hit the deceased. As a result of the accident, the deceased sustained grievous injuries and died in hospital. Hence, a Claim Petition was filed seeking Compensation of Rs.20,00,000..00

(3.) The 1st Respondent-Owner of the vehicle remained ex parte before the Tribunal and the 2nd Respondent-Insurer filed Counter and denied the negligence on the part of the Driver of the 1st Respondent and claimed that the accident had occurred only due to the Contributory Negligence on the part of the deceased. It was also stated by the 2nd Respondent that 1st Respondent allowed a Minor aged about 16 years to drive the vehicle, therefore, there was a violation of Policy conditions. Hence, the 2nd Respondent was not liable to pay Compensation.