RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. MAYILA

JUDGEMENT

(1.) Challenge made in this appeal is to the award passed by the Motor Accident Claims Tribunal (Special District Judge), Trichirappalli, in MCOP No.4389 of 2013, dated 09.04.2015.

(2.) The brief facts of the case are that on 13.01.2009 at about 6.45 pm, the deceased Rajkumar was driving his TVS-XL Super motor cycle bearing registration No.TN-48-H-8410 along with his wife Mayila and children as pillion rider on Tiruchirappalli-Ariyalur Road from south to north and when he was nearing Koolaiyatru Bridge, at that time, a Tanker Lorry bearing Registration No.TN-58-H-3535 driven by its driver came in the same direction, in a rash and negligent manner and dashed against the deceased. In the impact, the lorry ran over on the deceased and he died on the spot and his wife sustained injuries. The claimants sought compensation of Rs.14,00,000/- on the ground that the driver of the offending vehicle was responsible for the accident.

(3.) The claimants have further stated that the deceased Rajkumar was working as Mason and also doing agricultural work, thereby earning Rs.9,000/- per month. A criminal case in Crime No.32 of 2009 was registered against the driver of the offending vehicle by Lalgudi Police Station against the driver of the offending vehicle.