ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. SUBBULAKSHMI

JUDGEMENT

(1.) C.M.A.No.3417 of 2014 is filed by the Insurance Company and C.M.A.No.2182 of 2016 is filed by the Claimants, challenging the decree and judgment dated 05.03.2014 made in M.C.O.P.No.4187 of 2011 on the file of Motor Accident Claims Tribunal, (Chief Small Causes Court), Chennai.

(2.) The case of the Petitioners/claimants is that on 16.02.2011 at about 05.00 hours, while the deceased was riding his two wheeler bearing Reg.No.TN-07-R-6970 in Maduravoyal Tambaram Bye pass road from North to South, the lorry bearing Reg.No.TN-21-A-9919 overtook the two wheeler and suddenly stopped without any signal resulting in the deceased dashing against the rear side of the Lorry, which later resulted in his death. The deceased was aged 44 years and was earning Rs.400/- per day by working as a Mobile Fish Vendor. The Petitioners who are the wife, children and mother of the deceased were dependants of the deceased income. It is stated that the accident occurred only due to said lorry driver. Hence, the petitioners seek a compensation of Rs.21,00,000/- from the respondents who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the Petitioners, the 2nd respondent contends that the accident did not occur in the manner alleged by the Petitioners. The deceased only caused the accident due to over speeding of the two wheeler which he rode and that too under the influence of alcohol. The Lorry was parked on the extreme left side of the road and the deceased only dashed against the rear side of the parked vehicle resulting in his death. The FIR was lodged against the deceased only and after investigation, the Police closed the FIR since the tortfeasor was no more. The accident occurred on 16.02.2011. The injured died only on 09.06.2011 and as such, the petitioners have to prove the death was the consequence of the injuries suffered in the accident. The claim of the petitioners is very exorbitant. The Insurance company sought for dismissal of the claim petition.