RELIANCE GENERAL INSURANCE COMPANY LTD Vs. MALARKODI

JUDGEMENT

(1.) Challenge in this appeal, filed by the Reliance General Insurance Company Limited, is to the Award dated 26.09.2013 in MCOP No.144 of 2012 passed by Motor Accidents Claims Tribunal, III Additional District and Sessions Court, Kallakurichi, granting a sum of Rs. 17,85,000/- for the death of one Manivel in the motor accident that had occurred on 02.05.2010.

(2.) According to the claimants, while the said Manivel was riding a motorcycle bearing Registration No.TN.32/P-6905, the lorry, bearing Registration No.TN.28/E-1996, belonging to 6th respondent and insured with the appellant Insurance Company, driven by its driver in a rash and negligent manner hit against the deceased, resulting in the death of the said Manivel. The claimants also contended that the deceased Manivel was employed as a Driver and earning a sum of Rs. 10,000/- per month and claimed a compensation of Rs. 20,00,000/-.

(3.) The claim petition was resisted by the appellant Insurance Company contending that the accident was caused due to rash and negligent driving of the deceased who was riding the motor cycle at the time of accident. Hence, the Appellant Insurance Company is not liable to pay the compensation.