ORIENTAL INSURANCE CO.LTD. Vs. PANCHAVARNAM

JUDGEMENT

(1.) Challenging the award passed in MCOP No.310 of 2012 on the file of Motor Accidents Claims Tribunal (Additional Sub Court) Tiruppur, dated 17.06.2015, the insurance company has preferred this appeal.

(2.) The case of the claimants is that the deceased while walking on the left side of the road, a motorcycle, bearing Registration No.TN39-AB-4135 and a bus bearing Registration No.TN28-M-4098 dashed against him and he died on the spot. Wives and children of the deceased laid the claim before the Tribunal for a sum of Rs. 25,00,000/- as compensation, for the death. The owner and the driver of the motorcycle, as well as the owner, driver and the insurer of the bus were impleaded as parties. Based on Ex.P1 - First Information Report and the evidence of P.W.1 - first wife and P.W.2 - eyewitness, the Tribunal has fixed negligence on the bus driver Since the bus was covered by insurance, the insurer was made liable for payment of compensation, fixed as Rs. 15,73,320/-.

(3.) The Tribunal dismissed the claim petition against the fourth respondent, who is the second wife of the deceased. The Tribunal also dismissed the claim petition against respondents nos.9 and 10, being the owner and driver of the motorcycle, as there was no allegation against them, in the claim petition.