GOVINDAMMAL Vs. B THANGARASU

JUDGEMENT

(1.) The petitioners/claimants have come forward with the appeal seeking enhancement of award passed by the Tribunal in M.C.O.P.No.587 of 2013 on the file of the Motor Accident Claims Tribunal/Principal District Judge, Namakkal.

(2.) For the sake of convenience, the parties will be referred to hereunder according to their litigative status before the Tribunal.

(3.) The petitioners state that on 11.03.2012 at about 7.00 p.m in front of Perumpatti Tasmac Shop in Namakkal to Thuraiyur main road, while the deceased Govindan was walking on the left side of the road from east to west, a two wheeler bearing Regn.No.TN-28-AL-0694 was coming from back side, which is owned by the first respondent and insured with the second respondent driving in a rash and negligent manner, hit the deceased causing the instant death on the spot itself. The accident occurred only due to the negligence of the rider of the two wheeler and Ex.P.1 F.I.R was registered against him. The vehicle was insured with the second respondent as per Ex.P.4 Copy of Insurance Policy. Further, after investigating the complaint, the police laid Ex.P.5 charge sheet against the first respondent only. Thus the petitioner contends that the accident occurred only due to the negligence of the rider of the first respondent's motorcycle and as such both the respondents as owner and insurer of the vehicle are responsible to bear the compensation.