IFFCO TOKIO GENERAL INSURANCE CO.LTD. Vs. MATHAMMAL

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the award dated 06.03.2015 passed in M.C.O.P.No.972 of 2008 by the Motor Accidents Claims Tribunal (Special District Court), Salem.

(2.) It is a case of fatal accident. On 10.07.2007 at about 7.10 p.m., near Anna Nagar Bridge, on Mettur R.S to Thermal Road, the Bajaj Motor Cycle bearing Registration No.TN-30-V-1400 driven by the 8th respondent herein came from the opposite side at high speed, in a rash and negligent manner and dashed on the Hero Hondo Motor Cycle driven by the deceased Ramar. As a result of the said accident, the deceased fell down on the road from his motor cycle and at that time the Tanker Lorry, bearing Registration No.TN-67-Q-7173 which came behind the deceased in high speed, driven in a rash and negligent manner, ran over the legs of the deceased and the deceased suffered grievous injuries and succumbed to injuries on the way to hospital.

(3.) The claimants/wife and four children of the deceased filed a claim petition in M.C.O.P.No.927/2008 seeking a compensation of Rs.25,00,000/-. In support of the claim, the wife of the deceased was examined as P.W.1 and one Jayabalan, stated to be an eye-witness to the accident, was examined as P.W.2 and Exhibits P1 to P11 were marked on the side of the claimants. On behalf of the respondents, the driver of the lorry was examined as R.W.1, the Motor Vehicle Inspector was examined as R.W.2 and the Spl.Sub Inspector of Police, Karumalai Police Station, was examined as R.W.3. However, no exhibits were marked on the side of the respondents. The court of its motion marked exhibits C1 and C2.