RELIANCE GENERAL INSURANCE COMPANY LTD Vs. SAROJA

JUDGEMENT

(1.) Aggrieved over the finding of the Tribunal dated 30.04.2015 made in MCOP.No.22 of 2012 on the file of the Motor Accident Claims Tribunal/District Court, Nagapattinam, the present appeal has been filed by the 4th respondent/Insurance Company to set aside the order passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 11.10.2009 at about 10.30 p.m., when the deceased was returning home with other persons in Auto bearing Registration No.TN-51-E-4061 in Nagapattinam - Velankanni ECR Road, the driver of the Auto drove the vehicle in a rash and negligent manner and dashed against the two wheeler bearing Registration No.TN-51-E-4096 resulting in grievous injuries to the deceased Mahalingam and other passengers in the Auto. Subsequently, the said Mahalingam died due to the injuries suffered by him. The petitioners are dependents of the deceased Mahalingam. According to the petitioners, the Auto in which the deceased was travelling belongs to the first respondent and the same was insured with the 4th respondent. The negligence of the first respondent Auto driver alone resulted in the accident. The driver of the auto is third respondent herein. Thus, the petitioners contends that due to the sudden demise of Mahalingam, they have suffered loss of income and as such they demand a sum of Rs.6,00,000/- as compensation from the respondents.