S SUMATHI Vs. G ANBALAGAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 13.01.2015 made in M.C.O.P.No.259 of 2010 on the file of Motor Accident Claims Tribunal, Special Sub Court No.I, Chennai.

(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 18.11.2009 while the deceased was going in his cycle in Kaliammalkoil street, at around 08.00 hours, a van bearing Reg.No.TN-39-9033 owned by the 1st respondent and insured with the 2nd respondent came at high speed in the same direction and dashed against the cycle, in which the deceased was going, causing him fatal injuries resulting in his death on the spot itself. At the time of the accident, the deceased who is the only son of the Petitioner herein was aged 14 years and he was studying in 8th standard. As the petitioner, who has lost her husband already, lost her only son due to the accident, seeks a sum of Rs.6,00,000/- as compensation.

(3.) On the other hand, opposing the petition, the 2nd respondent/Insurance Company filed counter, contending that the vehicle involved in the accident was not having necessary permit to attach the ready mix compressor along with the vehicle insured. The vehicle bearing Reg.No.TN 39 9033 was insured, but there is no provision to attach ready mix compressor. The 2nd respondent further contends that the insured vehicle is not involved in any accident and the present owner of the vehicle bearing Reg.No.TN 39 9033 viz., Murugesan is not impleaded as party. The owner of the vehicle has not paid any additional premium towards the ready mix compressor attached with the insured vehicle. Further the deceased while riding the cycle was under influence of alcohol and dashed against the unknown vehicle resulting in his death. As such, the 2nd respondent is not liable to pay any compensation. Thus, the 2nd respondent sought for dismissal of the Petition.