CLARA ABRAHAM MATHEW Vs. T HARENDRANATH

JUDGEMENT

(1.) THE claimants have preferred the above appeal being aggrieved by the award passed by the Motor Accidents Claims Tribunal (Additional Sub-Judge), Chengalpattu in M. C. O. P. No. 180 of 1996.

(2.) THE first appellant-wife and the second appellant-minor daughter of the deceased-Abharam Mathew filed M. C. O. P. No. 180 of 1996 claiming a sum of Rs. 30,00,000/- by way of compensation on the basis that while the deceased was travelling as a pillion rider in the scooter bearing Registration No. TN09-E-1382 belonging to the first respondent and insured with the second respondent and driven by one Pushparaj on his way to Guduvanchery to Maraimalainagar. The driver of the scooter drove it rashly and negligently at a high speed and dashed on a blind end and was thrown off resulting in multiple injuries and instant death. According to the claimants, the deceased was aged 30 years on the date of death and the appellants were aged 27 years and 2 years respectively. The deceased was a qualified Automobile Engineer, who had undergone training in Germany in the manufacturing of footwear and was employed as a Maintenance Executive with Wipro Limited on a monthly salary of Rs. 7,500/ -.

(3.) THE first respondent-owner of the scooter (insured) remained exparte. The second respondent-insurer contested the claim petition interalia contending that the first respondent has parted with possession of the scooter in favour of the third party and such third parties are not covered by the terms of the Insurance Policy; the alleged rider of the scooter-Pushparaj had no driving licence on the date of accident; the scooter was driven by the deceased rashly and negligently and the accident occurred only due to his negligence and as such the insurer is not liable to pay any compensation. The insurer did not admit the age, occupation, income, etc. , of the deceased and contended that the compensation claimed is on the higher side.