UNITED INDIA INSURANCE CO LTD Vs. R MATHIAH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree, dated 09.03.2012 in MCOP.No.759 of 2009, on the file of the Motor Accidents Claims Tribunal, (Additional District Court), (Fast Track Court No.1), Madurai.

(2.) The respondents 1 & 2 herein are the claimants in M.C.O.P.No.759 of 2009, on the file of the Motor Accidents Claims Tribunal, (Additional District Court), (Fast Track Court No.1), Madurai, claiming compensation of Rs.3,00,000/-, for the death of one Harish, aged about 15 years, died in a fatal accident, which occurred on 14.06.2007m at about 10.00 a.m., while he was driving the motor cycle, bearing Registration No.TN-59-J- 8746 along with his friend viz., Sivakumar, as pillion rider, which got out of control and dashed against a wall and telephone pole and capsized and due to the heavy impact, the rider of the vehicle sustained severe injuries and died on the way to hospital.

(3.) The father and mother of the deceased son filed the above claim petition as legal representatives of the deceased, under Section 163A of the Motor Vehicles Act. The 3rd respondent herein is the owner of the motor cycle, bearing Registration No.TN-59-J-8746, which was driven by the deceased and involved in the accident. The appellant herein is the insurer of the said motor cycle.