UNITED INDIA INSURANCE CO LTD Vs. MARAGATHAM

JUDGEMENT

(1.) C.M.A.No.2690 of 2013 is filed by the Insurance Company and Cross Objection No.18 of 2014 is filed by the Cross Objectors/Petitioners, challenging the judgment and decree dated 10.02.2009 passed in M.C.O.P.No.751 of 2006 on the file of Motor Accidents Claims Tribunal, Additional District Court, Special Court for E.C.Act cases, Coimbatore.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a fatal case. The case of the petitioners is that on 09.11.2005 at about 8 a.m., as the deceased Venkatesh was riding Auto bearing Reg.No.TAG-8490 near Bharathi Park Cross Road-2 in Coimbatore, the 2nd respondent bus bearing Reg.No.TN-59-T-6039 came at high speed, dashed against the Auto which the deceased was driving, causing fatal injuries on his head which subsequently resulted in his death. The Petitioners 1 to 5 who are the legal heirs of the deceased were dependant on the income earned by the deceased Venkatesh. Hence, they sought for compensation of Rs.6,00,000/- from the respondents.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 3rd respondent-Insurance company disputed the claim of the Petitioners about the manner in which the accident occurred. The claim of the petitioners about the age, avocation and income of the deceased is disputed. As the accident occurred only due to negligence of the auto driver viz., the deceased, the 3rd respondent is not liable to pay any compensation. The petitioners have to prove that the offending vehicle-bus bearing Reg.No.TN-59-T-6039 was insured with the 3rd respondent and the driver of the bus possessed valid driving licence. Thus, the 3rd respondent sought for dismissal of the petition.