ANBAZHAGAN Vs. SENTHIL KUMAR

JUDGEMENT

(1.) Challenging the award dated 14.08.2017 passed in M.A.C.T.O.P.No.217 of 2015 on the file of the Motor Accidents Claims Tribunal, District Court, Karaikal, the present appeal has been filed.

(2.) On 27.07.2015, at about 8.40 a.m, the deceased was riding her cycle at Karaikal Thirunallar Main Road from East to West direction, at that time, the first respondent driving the bus belonging to the second respondent bearing Registration No.PY 01 BV 6723 came in a rash and negligent manner on the same direction and dashed behind the deceased, resulting which, she sustained fatal injuries. Immediately, she was taken to the General Hospital and thereafter, to JIPMER, Pondicherry, wherein she was reported dead. Hence, the claimants, who are the father and mother/the legal representatives of the deceased Efsiba, filed a claim petition before the Tribunal claiming a compensation of Rs. 48,00,000/-.

(3.) Counter filed by the third respondent/the Branch Manager, Oriental Insurance Company Limited, Cuddalore, stating that the accident had occurred due to negligence on the part of the deceased and the first respondent was not in possession of any valid driving licence at the time of accident. Hence, the third respondent is not liable to pay any compensation to the appellants/claimants.