RELIANCE GENERAL INSURANCE CO LTD Vs. D SUBRAMANIAN

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the appellant/2nd respondent Insurance Company to set aside the Fair and Decreetal order dated 25.04.2017 made in MCOP.No.804 of 2015 on the file of the Motor Accident Claims Tribunal/III Small Causes Court, Chennai

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

(3.) The case of the petitioner is that on 04.12.2014 at about 17.30 hours, when the deceased Duraisamy was riding his motor cycle bearing Registration NO.TN-45-J-4786, in Manaparai - Kovilpatti Road, the Maxi Cab Van bearing Registration No.TN-05-AT-2473 driven by its driver in a rash and negligent manner at high speed proceeding from north to south overtook number of vehicles came to the extreme western side of the road and dashed against the motor cycle, in which the deceased Duraisamy was going. Consequently, the said Duraisamy fell down from the motor cycle suffered fatal injuries and passed away at the occurrence spot itself. The petitioner claims himself to be the son of the deceased has come forward with the petition seeking payment of Rs.16,00,000/- as compensation for the untimely death of his father Duraisamy.