BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. MOOKKAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree in M.C.O.P.No.89 of 2006, dated 16.06.2011, on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Tenkasi.

(2.) The respondents 1 and 2 herein are the claimants and also L.Rs., of the deceased Guruvammal, who died in a motor accident held on 26.04.2008, at about 8.50 a.m. Respondent Nos.1 and 2 are the elder daughter and son respectively. They filed M.C.O.P.No.89 of 2006, on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Tenkasi, claiming compensation of Rs.10,00,000/-, for the death of their mother, aged about 52 years, under Sections 140 and 166 of the Motor Vehicles Act. Respondent No.3 herein is the rider-cum-owner of Bajaj C.T.100 two wheeler, bearing Registration No.TN-76-Z-9752, which was insured with the appellant Insurance Company on the date of the accident.

(3.) In order to prove the claim, the 2nd claimant was examined as P.W.1, who witnessed the occurrence also and P.W.2 / Doctor, who treated the rider of the above said vehicle, who also sustained injuries was examined. Exs.P1 to 6 were marked as exhibits on the side of the claimants. The rider- cum-owner of the two wheeler, bearing Registration No.TN-76-Z-9752 was examined as R.W.1. The Record Assistant working in RTO Office at Sankarankoil was examined as R.W.2. Senior Officer of the Insurance Company was examined as R.W. Exs.X1 and X2 were marked as 3rd party exhibits. Exs.R1 and R2 were marked as exhibits on the side of the respondents.