UNITED INSURANCE CO LTD Vs. CHANDRA MOHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree, dated 13.10.2011, passed in MACOP No.11 of 2010, on the file of the Honourable Motor Accidents Claims Tribunal (District Judge), Kanyakumari at Nagercoil.

(2.) The respondents 1 and 2 herein are the appellants and legal representatives of the deceased Arvind @ Arvind Jonny, who died in an accident, which occurred on 14.12.2008, at 00.45 hours, while the deceased was driving his TATA Indica Car, bearing Registration TN-74-F-3279 from Kanyakumari towards Nagercoil, along with his friends, that is from east to west direction and met an accident, head on collision, with the TATA Indica Car, bearing Registration No.TN-45-AE-9517, which came in the opposite direction, from west to east. The driver cum owner of both vehicles, bearing Registration Nos.TN-74-F-3279 and TN-45-AE-9517 respectively died in the accident.

(3.) The appellant herein is the insurer of the car, bearing Registration No.TN-74-F-3279, owned by the deceased Arvind Jonny. The 4th respondent herein is the insurer of the another car, bearing Registration No.TN-45-AE-9517, owned by the deceased Senthilnathan. The 3rd respondent herein is the mother and the legal representative of the deceased Senthilnathan. The respondents 1 and 2 are the claimants, who filed a claim petition in M.A.C.O.P No.11 of 2010, before the Motor Accidents Claims Tribunal (District Judge) Kanyakumari at Nagercoil, claiming compensation of Rs.20,00,000.00, for the death of their son Arvind Jonny.