RELIANCE GENERAL INSURANCE CO. LTD., Vs. VAYALATHAL

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been made against the award dtd. 7/7/2022 passed in the M.C.O.P.No.870 of 2017 on the file of Motor Accident Claims Tribunal, Special Sub Court, Chennai, wherein the award was granted in favor of the respondents 1 to 3 who are the legal heirs of the deceased.

(2.) The facts giving rise to the present appeal are, that the deceased named one Mr.Manikandan @ Mani who was working as a driver had died in the road accident on 23/1/2017. The deceased was travelling in a call Taxi bearing Registration No.TN-73-U3630 from Chennai to Pondicherry. While the vehicle was going near Aariyas Hotel on Tindivanam by pass road at Nathamedu, the driver of the Tavera Call taxi driving the car in a rash and negligent manner, had hit the lorry in front of him. As the result of the impact of the collision the deceased who was sitting in the front seat of the car sustained fatal injuries which caused his death eventually.

(3.) The legal heirs and dependents of the deceased, namely, the 1st respondent, who is the wife of the deceased, the 2nd respondent, who is the minor son of the deceased, and the 3rd respondent, who is the mother of the deceased, filed a claim petition in M.C.O.P. No. 807 of 2017 before the Motor Accidents Claims Tribunal, seeking compensation against the 4th and 5th respondents, who are the owners of the Tavera Car, and the appellant Insurance Company, with which the offending vehicle was insured.