RELIANCE GENERAL INSURANCE CO LTD Vs. UOMAITHURAI

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Judgment and decree dated 26.04.2012 made in MCOP.No.956 of 2010 on the file of the Motor Accident Claims Tribunal/III Additional District & Sessions Judge, Coimbatore.

(2.) For sake of convenience, the parties are hereinafter be referred to in this judgment as arrayed before the Tribunal.

(3.) According to the petitioners, on 01.02010 at about 30 p.m., the deceased Paramasivam was proceeding in a Motor Cycle bearing Registration No. TN-38-AC-1795, in Coimbatore - Mettupalayam Road, from South to North, at that time, a lorry bearing Registration No.TN-69-M-5261, came from west to east at high speed and dashed against the motor cycle, in which Paramasivam was sustained grievous injuries all over his body. Immediately, the said Paramasivam was taken to Ganga Hospital, Coimbatore, where his left leg was amputated on 11.02010 and his left hand was amputated on 102010. Inspite of continuous treatment, the said Paramasivam died on 14.02010. According to the petitioners, the negligent driving of the first respondent's Lorry driver alone is responsible for the accident. Thus, the petitioners claim that the first respondent who drove the vehicle owned by the second respondent and insured with the 3rd respondent was responsible for the accident and as such all the three respondents are liable to pay the compensation of Rs.15,00,000/- to the petitioners.