NEW INDIA ASSURANCE CO LTD Vs. SOUNDAR(MINOR)

JUDGEMENT

(1.) Aggrieved over the finding of the Tribunal, dated 29.04.2011 made in MCOP.No.76 of 2007 on the file of the Motor Accident Claims Tribunal/(Principal District Judge), Puducherry, the present appeal has been filed by the 2nd respondent-Insurance Company seeking to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioner is that on 06.07.2006 at about 10.45 p.m., while the petitioner was proceeding in TVS XL Super Motor Cycle bearing Registration No.PY-01-V-8059 as the pillion rider, which was proceeding in the East Coast Road, driven by his father(who died on that date)while going near Anna Cement Works, Lawspet, Pudhucherry, another two wheeler bearing Registration No.PY-01-4287 came at high speed, driven in a rash and negligent manner, dashed against the two wheeler of the petitioner, due to which, the deceased Raja sustained head injury and died on the spot, where this petitioner Soundar sustained fracture on his right leg, right hand, head and injuries all over the body. The petitioner is school going student aged 15 years and due to the injury suffered he is unable to continue his study. Thus, he sought for a sum of Rs. 2,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.