NEW INDIA ASSURANCE CO. LTD. Vs. LATHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award passed by the Motor Accident Claims Tribunal (I Additional District and Sessions Court), Vellore, dated 16.11.2015 in M.C.O.P.No. 58 of 2013 at the instance of the Insurance Company Ltd., as appellant.

(2.) The legal heirs of the deceased Sundaramoorthi claim compensation under Section 166 of the Motor Vehicles Act r/w Rule 3(1) of TNMACT Rules 1989, as the deceased while riding his two wheeler met with an accident resulting to death by hitting on the parapet wall of a bridge and fell down from a height of 20 feet. The appellant/insurance company took a stand that since the deceased being owner of the vehicle himself had died due to his own negligence, the insurance company is not liable to pay compensation to the petitioners.

(3.) The Tribunal after analysing oral and documentary evidence of both sides, awarded compensation of Rs. 14,31,000/-. Aggrieved by the same, the insurance company has preferred this Civil Miscellaneous Appeal.