UNITED INDIA INSURANCE CO LTD Vs. S NATARAJAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the 2nd respondent before the Tribunal viz., the Insurance Company, against the judgment and decree dated 12.06.2015 passed in M.C.O.P.No.6493 of 2013 by the Motor Accident Claims Tribunal (In the court of Small Causes, Chennai).

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the Petitioners before the Tribunal as per their claim petition is that on 09.04.2013 at about 6.50 hours, while the deceased was proceeding in a Motor Cycle bearing Reg.No.TN-18-P-0130 as Pillion Rider at GST Salar, Urapakkam, the rider of the motor cycle rode the same in a rash and negligent manner, viz., the rider of the offending vehicle, due to which, the Motor cycle capsized and the deceased fell down and sustained fatal injuries and died. Against the 1st respondent who is the owner and the 2nd respondent, being the insurer of the offending vehicle, the Petitioners claimed compensation of Rs.10,00,000/- under various heads.

(3.) On the other hand, the 2nd respondent/Insurance Company opposed the petitioners claim by filing a detailed counter. The 2nd respondent denied the validity of vehicle records, driving licence of the driver and insurance coverage of the offending vehicle and pleaded for dismissal of the petition.