UNITED INDIA INSURANCE COMPANY LIMITED Vs. VIJAYAKUMARI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree, dated 13.11.2006, made in MCOP.No.53 of 2000 on the file of the Motor Accidents claims Tribunal, Padmanabapuram

(2.) It is a case of fatal accident. The appellant / Insurance Company is the third respondent in MCOP.No.53 of 2000, on the file of the Motor Accidents claims Tribunal, Padmanabapuram. The respondents 1 to 5, who are the claimants, have filed the said claim petition claiming a sum of Rs. 20,00,000/- as compensation for the death of one Raja @ Rajendran.

(3.) According to the respondents 1 to 5, on 007.1999 at 30 p.m, while the deceased was travelling as a pillion rider in motorcycle bearing Regn. No.TN 74A 1461, from Nagercoil to Thuckalay, they have stopped the motorcycle and sitting on the same talking with his friends. At that time, the Ambasdor Car bearing Regn.No.TN 74 D 3720 belonging to the sixth respondent driven by the seventh respondent came in the opposite direction in a rash and negligent manner dashed against the deceased, due to which, the deceased died on the spot. Hence, the dependants of the deceased viz., respondents 1 to 5 filed the claim petition claiming a sum of Rs. 20,00,000/- as compensation against the appellant / Insurance Company and the respondents 6 and 7.