NEW INDIA ASSURANCE CO LTD Vs. LATCHOUMY

JUDGEMENT

(1.) Aggrieved over the finding of the Tribunal, dated 29.04.2011 made in MCOP.No.75 of 2007 on the file of the Motor Accident Claims Tribunal/(Principal District Judge), Puducherry, the present appeal has been filed by the 2nd respondent-Insurance Company seeking to set aside the award passed by the Tribunal.

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

(3.) The case of the petitioners is that on 06.07.2006 at about 10.45 p.m., while the deceased Raja, who is the husband of the first petitioner and father of the petitioners 2 and 3 and son of the 4th petitioner was riding his TVS XL Super Motor Cycle bearing Registration No.PY-01-V-8059 along with the pillion rider, in the East Coast Road, while going near Anna Cement Works, Lawspet, Pudhucherry, another two wheeler bearing Registration No.PY-01-4287 came at high speed, driven in a rash and negligent manner, dashed against the two wheeler, which the deceased was riding causing him fatal injuries resulting in his death on the spot. The deceased Raja was working as a House Keeper at Hotel Ram International earning Rs. 5,000/- per month. The petitioners were depending on the income of the deceased. The accident occurred only due to the rash and negligence driving of the other vehicle rider. The first respondent is the owner and the second respondent is the insurer of the offending vehicle. Due to the death of the bread winner of the family, the petitioners are suffering from loss of income. Hence, they seek a sum of Rs. 10,00,000/- as compensation from the respondents.