UNITED INDIA INSURANCE CO LTD Vs. R CHITRA

JUDGEMENT

(1.) This appeal is at the instance of the Insurance Company, which had suffered an award for payment of a sum of Rs. 11,21,000/- for the death of one Rajesh, aged about 32 years, who died in a motor accident that took place on 03.04.2012 at about 6.00 p.m., on the Pallipalayam to Thiruchengode Main Road, near Kovilankadu Bus Stand.

(2.) According to the claimants, the deceased was riding a Motor Cycle bearing Registration No. TN-34-A-2453, on the left side of the Pallipalayam Thiruchengode Main Road, the Motor Cycle bearing Registration No.TN-34-D-9239, which was driven by its rider in a rash and negligent manner, overtook a bus coming in the opposite direction and dashed against the deceased. Due to the said accident, the deceased Rajesh sustained head injury and died in the Government Hospital, Pallipalayam. Immediately after the accident, one S.Rajasekar, who happened to see the occurrence, gave a report before the Pallipalayam Police Station at about 8.00 p.m., clearly mentioning the rash and negligent driving on the part of the rider of the motor cycle bearing Registration No.TN-34-D-9239. However, the Police chose to register a case against the deceased. It was claimed that the deceased was aged about 32 years and was working as a lorry driver under one S.Jagadesh at Pallipalayam, on a monthly salary of Rs. 10,000/-. Claiming that the 1st claimant widow has lost the consortium of the husband and claimants 2 & 3 the children have lost their father. The claimants sought for a compensation of Rs. 15,00,000/-.

(3.) The respondents 1 & 2 in the Claim Petition, the owners of the offending two wheeler, remained absent.