A C G VENANCIOUS Vs. JAGAJOTHI

JUDGEMENT

(1.) THE civil miscellaneous appeal is filed by the insurance company and cross-objection is filed by the claimants. Both the appeal as well as the cross-objection filed against the decree and judgment dated 8. 5. 2000 made in M. A. C. T. O. P. No. 23 of 1999 on the file of the Motor Accidents Claims Tribunal, additional District Judge-cum-Chief Judicial magistrate, Tuticorin. We have taken up both the matters and disposed of by a common order.

(2.) THE relevant facts arising out of the above are as under: the insurance company is the appellant in the civil miscellaneous appeal. The claimants are the father, mother, wife and sister of the deceased. Claimants filed the claim petition before the Motor Accidents claims Tribunal on account of the death of Sureshkumar who was killed in a road accident on 21. 12. 1995 at about 12 noon at Beach Road, Tuticorin. On that day, he was riding Hero Honda motor cycle No. TN 76-6976 belonging to the respondent no. 3 in the appeal. On that day, two motor cycles got collided and deceased Sureshkumar was thrown off and sustained injury and killed on the spot. It was pleaded that the driver of the other motor cycle M80 bearing No. TN 69-9320 was rash and negligent and due to said rash and negligent act Sureshkumar was killed. The Motor accidents Claims Tribunal framed various issues. Deceased Sureshkumar was riding the motor cycle which belonged to the respondent No. 3 got collided with the other motor cycle belonging to the respondent no. 1 in the appeal. The said motor cycle was also insured with the insurance company, the above-mentioned appellant in the appeal. The owner of the vehicle, respondent No. 1, neither contested nor filed any counter. Only the insurance company, the above-mentioned appellant, contested the claim petition and raised number of objections and pleaded that the deceased drove the vehicle in a rash and negligent manner. After considering the material evidence on record, the Tribunal came to the conclusion that the rider of the motor cycle m80 bearing No. TN 69-9320 was rash and negligent and awarded the compensation sum of Rs. 7,40,000 with interest at the rate of 12 per cent from the date of filing. Aggrieved by the award, both the insurance company as well as the claimants filed an appeal against the award.

(3.) THE contentions raised by the learned counsel for the insurance company are as under: