UNITED INDIA INSURANCE CO LTD Vs. MALATHI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree made in MCOP No. 588 of 2005, dated 27. 03. 2006, on the file of the Motor Accidents Claims Tribunal, Principal Sub Court, Coimbatore.

(2.) BACKGROUND facts in a nutshell are as follows:-On 09. 07. 2003 at about 9. 30 p. m. , one Venkatesan was riding the Hero Honda Motorcycle bearing Registration No. TN-33-R-3022 along with one Subramani as pillion rider, proceeding from Chikkarasampalayam to Sathyamangalam in the Sathy-Mysore National Highways from west to east direction. When they were reaching near Udayamarathittu Vinayagar Koil, the rider of the vehicle suddenly applied the brake. Due to the same, the pillion rider Subramani was thrown away from the vehicle and his head dashed against the footsteps of the said Vinayagar Koil and he sustained severe head injuries and also injuries all over the body. Immediately he was admitted to the Government Hospital, Sathyamangalam. Later he was shifted to Ramakrishna Hospital, Coimbatore and treated as in-patient and he died at about 11. 25 a. m. on 10. 07. 2003. The claimants are the wife, two minor children and parents of the deceased. They claimed a compensation of Rs. 6,00,000/- before the Tribunal. The Insurance Company resisted the claim. On the pleadings, the following issues were framed by the Tribunal:-

(3.) LEARNED counsel appearing for the appellant / Insurance Company submitted that the rider of the motorcycle did not possess a valid driving licence to drive the motorcycle and also the deceased was a pillion rider and that therefore, the Tribunal is not liable to pay any compensation. Further it is alternatively contended that the Tribunal has awarded excessive and exorbitant compensation, without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.