DEVI Vs. KRYSTTAL MOTORS PRIVATE LTD

JUDGEMENT

(1.) Both these Appeals arises out of MCOP.No.74 of 2014 on the file of the Motor Accident Claims Tribunal, [Additional District Judge], Namakkal. The parents of one Ramya Gowri who died in a motor accident that occurred on 27.09.2013 are the claimants.

(2.) According to the claimants, when the said Ramya Gowri was walking on the left extreme of Rasipuram to Attur main road, an auto bearing registration No.TN-30-TCM-0003 owned by the 3rd respondent herein and insured with the appellant Insurance company was driven in a rash and negligent manner and dashed against her. As a result of the accident, the said Ramya Gowri suffered grievous injuries leading to her death on 09.10.2013. It is the contention of the claimant that the said Ramya Gowri has completed M.Sc., Computer Science and was working as Computer Operator in TCS Trade Links, Namakkal on a monthly salary of Rs. 15,000/-. Contending that the claimant have lost their only daughter in the accident, the claimant sough for a compensation of Rs. 50,00,000/-.

(3.) The Insurance Company resisted the claim contending that the accident occurred due to the negligence of the deceased only. The Insurance Company, apart from denying the compensation claimed, also raised the statutory plea that it cannot be made liable for payment of compensation, inasmuch as the auto that was involved in the accident had only temporary registration and it was not supposed to ply on public road except for the purposes enumerated in Rule 41 of Central Motor Vehicles Rules, 1989.