NATIONAL INSURANCE COMPANY LIMITED Vs. RENUKA DEVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant against the judgment and award of the Motor Accidents Claims Tribunal, Subordinate Judge, Aruppukkottai, in M.A.C.O.P. No. 125 of 2012, dated 17.09.2010.

(2.) It is the case of the claimants before the Tribunal that on 24.09.2012 at about 14.45 hours, when the deceased Muthumari was riding on a two wheeler bearing registration No.TN 67 AF 4348 in Aruppukkottai-Tiruchuli road and turned the motorcycle on the left side showing indicator and hand signal, the first respondent drove his two wheeler bearing registration No.TN 67 AD 6701 from east to west in a rash and negligent manner and dashed against the motorcycle. Due to the accident, the said Muthumari sustained grievous injuries on her left foot and head and feel unconscious on the spot and thereafter, after treatment she succumbed to injuries. Hence, her legal heirs filed an application in M.C.O.P. No. 125 of 2012 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Aruppukkottai, seeking compensation.

(3.) The 1st respondent, owner of the vehicle (sixth respondent herein), was set ex parte before the Tribunal.