BABY Vs. K VENUGOPAL

JUDGEMENT

(1.) ON 25. 07. 1991, at about 9. 15 pm, while one P. T. Rajan was driving his motor-cycle bearing Registration No. TAR 9129, in which the injured claimant since died by name, Varadarajan was travelling as pillion rider, a lorry bearing Registration No. TC 5779 driven by its driver, the 1st respondent herein in a rash and negligent manner came from the opposite direction and dashed against the motor-cycle by means of which, the said Varadarajan sustained fractures and other injuries. The lorry driver fled away from the scene. From 25. 07. 1991 till 11. 08. 1991, the said Varadarajan was taking treatment in K. G. Hospital, Coimbatore and has undergone surgeries. He was earning a sum of Rs. 3,000/- per month by running a Textile shop under the name and style 'm/s. Gopinath Textile Ancilleries' and was also doing agricultural work. Hence, he claimed a sum of Rs. 5,00,000/- as compensation.

(2.) DURING the pendency of the claim petition, the said Varadarajan died on 02. 10. 1994 and hence his wife, daughter and mother continued to contest the claim petition filed by him.

(3.) IN the counter filed by the 3rd respondent Insurance Company, it is stated that the accident did not take place due to the rash and negligent driving of the lorry driver and that the person, who drove the motor-cycle was at fault. It is further stated that the Insurance Company which insured the motor-cycle ought to have been impleaded as party to the proceedings. They contended that the compensation claimed is excessive and hence, prayed for dismissal of the claim petition.