DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LIMITED Vs. PERIYASAMY

JUDGEMENT

(1.) On June 30, 2018 at about 21.30 hours, a father and son duo was riding their TVS XL Motorcycle bearing Registration No.TN-25- AA-1352, on Tiruvannamalai - Vettavalam Road, to their house at M.G.R. Nagar. The father's name is Periyasamy and his son's name is Sozhapandiyan. The son was driving the motorcycle and his father was on the pillion seat. While nearing M.G.R.Nagar, the rider of the Bajaj Pulsar Motorcycle bearing Registration No.TN-25-BH-6412 allegedly rode his motorcycle in a rash and negligent manner, and dashed behind the motorcycle in which the duo was travelling, leading to an accident.

(2.) Consequently, the son - Sozhapandiyan filed M.C.O.P. No.613 of 2018 and his father - Periyasamy (represented by his wife / next friend) filed M.C.O.P. No.616 of 2018, both on the file of 'the Motor Accident Claims Tribunal (Special Sub Court) Tiruvannamalai' ['Tribunal' for short]. In both the Original Petitions, the rider and the insurer of the Bajaj Pulsar Motorcycle bearing Registration No.TN-25-BH-6412 were arrayed as Respondent Nos.1 and 2 respectively.

(3.) Hereinafter, for the sake of convenience, the parties will be referred to as per their array before the Tribunal in the Motor Accident Claims Original Petition.