BAJAJ ALLIANCE GENERAL INSURANCE CO LTD Vs. AYYAVU

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Judgment and decree dated dated 17.08.2010 made in MCOP.No.162 of 2007 on the file of the Motor Accident Claims Tribunal/Subordinate Judge, Attur.

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

(3.) The case of the petitioner is that on 11.07.2007 at about 9.00 a.m., when the petitioner, who is the husband of the deceased Valli along with deceased Valli were walking along the Pappanaickenpatti Bazar Road, near Palani Tailoring shop, a Bajaj Motor cycle bearing Registration No.TN-40-Y-2230, driven by its rider at high speed in a rash and negligent manner dashed against the petitioner's wife Valli and she fell down, in the impact suffered head injuries and died in the spot itself. The petitioner states that the accident occurred only due to the rash and negligent driving of the first respondent motor cycle rider and as such the respondents who are the owner and insurer of the offending vehicle are liable to pay the compensation. It is further stated by the petitioner that the deceased Valli was aged about 35 years and by doing Milk vending business and Cooli work, she was earning a sum of Rs.5,000/- per month. Due to her death, her husband, the petitioner herein has suffered loss of income and other material benefits. Hence, the petitioners seek payment of Rs.5,00,000/- as compensation from the respondents.