RELIANCE GENERAL INSURANCE CO LTD Vs. J SARASWATHY

JUDGEMENT

(1.) The challenge in these Appeals is to the award of the Motor Accident Claims Tribunal, Chennai (Chief Judge, Court of Small Causes, Chennai). The Claim Petition in MCOP No.6737 of 2015 was filed by the parents and the brothers of one Balaji, who died in a motor accident that occurred on 21.07.2015.

(2.) According to the claimants, the deceased Balaji was riding a Motor Cycle, bearing Registration No.TN 01 AU 3589 from Chengalpattu to Chennai. When he was nearing Karanai Pudhucherry Junction and waiting for signal to take U turn, a Milk Lorry, bearing Registration No.TN 01 AP 7799, owned by one Venkatesan, who is the 5th respondent in CMA No.1998/18 and the 1st respondent in CMA No.2170 of 2018, driven by its driver in a rash and negligent manner and came from behind and dashed against the two wheeler. As a result of the impact the rider of the two wheeler was thrown off the Vehicle, suffered head injuries and died on the spot. Contending that the accident occurred only due to the rash and negligent driving of the driver of the lorry and that the deceased was student of Hotel Management and he also working as a Pizza delivery boy earning about Rs. 12,000/- per month, the claimants sought for a compensation of Rs. 50,00,000/-.

(3.) The Claim Petition was resisted by the Insurance Company contending that it was the negligence on the part of the deceased who was riding a motor cycle which caused the accident. The Insurance Company also denied the particulars relating to age, educational qualification and the income of the deceased.