SUBRAMANI Vs. RUKMANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/3rd respondent, challenging the judgment and decree dated 26.06.2012 passed in M.C.O.P.No.331 of 2010 on the file of Motor Accidents Claims Tribunal, Principal District Judge, Namakkal.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the petitioner is that on 26.05.2010, at about 11.30 hours, while the deceased Nirmalraj was travelling as pillion rider in a two wheeler bearing Reg.No.TN-20-AP-0456 driven by one Nallakumar in Manianoor to Velangoundampatti Road, while going near Thuthipalayam, the driver of the vehicle bearing Reg.No.TN-28-AC-6613 came at high speed, dashed against the two wheeler, in which the deceased was travelling, causing him fatal injuries in his head, resulting in his death subsequently. The accident occurred only due to rash and negligent driving of the 1st respondent vehicle driver and as the said vehicle bearing Reg.No.TN-28-AC-6613 was insured with the 2nd respondent, both the respondents are liable to pay compensation. The further case of the petitioner is that at the time of the accident, the deceased Nirmalraj was aged 11 years and was admitted in 7th standard. He is the only son of the petitioner/mother and she was deserted by her husband/3rd respondent about three years back. As such, the petitioner sought for a sum of Rs.4,00,000/- as compensation from the 1st and 2nd respondents, who are the owner and insurer of the vehicle.

(3.) On the other hand, opposing the claim of the petitioner, the 2nd respondent/Insurance company by filing counter, contends that the accident did not occur in the manner alleged by the petitioner. The rider of the two wheeler in which the deceased Nirmalraj was travelling without noticing the minidoor auto coming in the opposite direction, overtook another vehicle going ahead of him, and in the process, lost control of the two wheeler, dashed against the minidoor auto, resulting in the accident. As such, the driver of the 1st respondent owned minidoor auto bearing Reg.No.TN-28-AC-6613 is not responsibel for the accident, but the rider of the two wheeler in which Nirmalraj travelled alone is the cause for the accident. At any cost, contributory negligence has to be fixed on the part of the rider of the two wheeler. The claim of the petitioner is exorbitant. Thus, the 2nd respondent/Insurance company sought for dismissal of the claim petition.