MANAGER, UNITED INDIA INSURANCE COMPANY LTD Vs. RAJENDRAN

JUDGEMENT

(1.) The Insurance Company which suffered an award for payment of Rs. 13,67,000/- for death of one Suganthi, who died in a motor accident that occurred on 12.01.2013 is the appellant.

(2.) According to the claimants, while the said Suganthi was travelling as a pillion-rider in a motor cycle bearing Registration No. TN 31 AV 9667, driven by one Palanivel, the rider of the motor cycle drove the same in a rash and negligent manner, lost control of the vehicle, as a result of which, the vehicle skided and fell on the right side of the road. Due to the said fall, the pillion rider Suganthi sustained grievous injuries and she was immediately rushed to SRM Hospital, Trichy, where she was treated an in-patient. Later, she was shifted to Tanjavur Medical College Hospital. Despite treatment, she succumbed to the injuries on 16.01.2013. Terming the negligence of the rider of the two wheeler as the cause of the accident, the claimants who are the father and brother of the deceased Suganthi, sought for a compensation of Rs. 15,00,000/-.

(3.) The Claim Petition was resisted by the Insurance Company contending that the accident did not occur in the manner narrated by the Claimants. According to the Insurance Company, the accident register, which is the earliest document, shows that the accident occurred due to an unknown car hitting against the two wheeler. Therefore, the Insurance Company would contend that the entire liability to pay compensation cannot be fastened on it, as the insurer of the two wheeler. The claims relating to the age, educational qualification and the income of the deceased were also denied by the Insurance Company.