RELIANCE GENERAL INSURANCE CO LTD Vs. S KACHAPALAYAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Insurance Company, challenging the judgment and decree dated 21.09.2017 passed in M.C.O.P.No.7569 of 2015 on the file of Motor Accidents Claims Tribunal, Chief Court of Small Causes, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the petitioners is that on 12.08.2015, at about 10.00 a.m., while the deceased viz., Karpagam was crossing Kelambakkam-Vandalur Main road, near P.S.Apparels Company Pedestrian crossing, a two wheeler bearing Reg.No.TN-21-X-6946 came at high speed, dashed against the deceased Karpagam causing her fatal injury and she subsequently died on 24.08.2015 in G.H., Chennai. The accident occurred due to negligence of the said two wheeler rider only. The deceased was aged 44 years and by working as Helper in Private concern, was earning Rs.9000/- per month. The Petitioners, who are the husband and children of the deceased were depending on her income. Thus, the petitioners sought for a sum of Rs.20,00,000/- as compensation from the respondents, who are owner and insurer of the said two wheeler.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 2nd respondent-Insurance company contends that the accident did not occur in the manner alleged by the Petitioners. The age, avocation and income of the deceased as claimed by the Petitioners is not true. The vehicle bearing Reg.No.TN-21-X-6946 was driven by a person without valid driving licence, as such, the 2nd respondent is not liable to pay compensation. The amount claimed by the Petitioners is exorbitant. Thus, the 2nd respondent sought for dismissal of the Petition.