NEW INDIA ASSURANCE CO. LTD. Vs. SOORYA PRABHU

JUDGEMENT

(1.) the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No. 1, Tanjore, the Insurance Company has filed the above Civil Miscellaneous Appeal.

(2.) The respondents 1 to 5, who are the claimants, have filed M.C.O.P. No. 707 of 2003, claiming a total compensation of Rs. 25,00,000.00(Rupees Twenty Five Lakhs only) for the death of one Rajini Kumar in a road accident. According to the claimants, the deceased was travelling along with the first respondent in a Hero Honda Motorcycle bearing Registration No. PY-02-B-1350 and due to the rash and negligent driving of the first respondent, he lost the control and the motorcycle met with an accident on 06.01.2003. The deceased was taken to the Government Hospital, Trichy and subsequently was taken to a private hospital, where he took treatment from 06.01.2003 to 11.01.2003 and thereafter, he was shifted to Thanjavur Medical College Hospital on 101.2003 and ultimately succumbed to injuries on 16.01.2003. The deceased was aged about 31 years at the time of accident and was working as a coolie under P.W.3 and was earning a sum of Rs. 4,500.00p.m.

(3.) The Insurance Company contended that the accident had occurred not as stated by the claimants and the accident had occurred by a rash and negligent driving of the driver of an Ambassador car bearing Registration No. TCF-9696, which dashed against the motorcycle. However, in support of the contention raised by the Insurance Company, they have not examined any independent witness. The Insurance Company has not even taken steps to implead the owner and the driver of the Ambassador car.