ORIENTAL INSURANCE CO. LTD. Vs. V.SURIYA

JUDGEMENT

(1.) Challenging the award of compensation made by the Motor Accidents Claims Tribunal [II Judge, Court of Small Causes], Chennai, in MCOP No. 5917 of 2012 dated 28.04.2014, the insurance company preferred this appeal on the grounds of liability and quantum.

(2.) On 11.03.2012, at 21.45 hours, when the deceased was proceeding in his motorcycle bearing Regn. No. TN04AD3731 with the pillion rider towards Tiruvottiyur at Ennore Express Road, Kaladipet, Chennai - 79, near Kumaran ITI another motorcycle bearing Regn. No. TN04Q5051, came in a rash and negligent manner in the opposite direction and hit the deceased. For the death of the motorcyclist, his wife, children and mother, made a claim petition for a sum of Rs. 50 Lakhs.

(3.) Insurance company has denied its liability as there were three persons in the motorcycle while the deceased was riding the same and in view of the violation of the policy conditions, the insurance company is not liable to pay any compensation. Further, the children of the deceased/claimants in the claim petition are major and independent and they are not depending upon the deceased and therefore, they are not entitled to compensation.