NATIONAL INSURANCE COMPANY LTD Vs. ANJALAI

JUDGEMENT

(1.) C.M.A.No.2800 of 2017 is filed by the Insurance Company and C.M.A.NO.750 of 2018 is filed by the Claimants/Petitioners, challenging the judgment and decree dated 03.02.2017 passed in M.C.O.P.No.252 of 2014 on the file of Motor Accidents Claims Tribunal, Principal District Judge, Perambalur.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a fatal case. The case of the petitioner is that on 20.06.2011 at about 6.45 p.m., while the deceased Raja @ Dharmaraj/husband of the 1st petitioner was riding his motor cycle bearing Reg.No.TN-01-AF-2318 along with his wife, the 1st petitioner/claimant herein as pillion rider in Perambalur to Thuraiyur Road while going near Muthukrishna Thirumanamandapam, another two wheeler bearing Reg.No.TN-46-J-8309 belonging to the husband of the 1st respondent herein and insured with the 2nd respondent came in the opposite direction at high speed and dashed against the two wheeler of the 1st petitioner's husband causing him multiple grievous injuries resulting in his death subsequently. The rider of the other two wheeler Rajinikanth/husband of the 1st respondent suffered fatal injuries and died on the spot. The 1st petitioner herein also suffered multiple grievous injuries and fracture all over the body. The husband of the 1st petitioner subsequently died due to the injuries suffered in the accident in the hospital on 27.06.2011. The accident occurred only due to rash and negligent driving of the rider of the vehicle bearing Reg.No.TN-46-J-8309 belonging to the husband of the 1st respondent herein. The deceased /husband of the 1st petitioner was aged 40 years and by working as a Mason was earning Rs.450/- per day. The Petitioners who are the wife and children of the deceased were depending on the earnings of the deceased. Due to his sudden demise, the Petitioners have lost their head of the family and bread winner, resulting in loss of income to them. Thus, the Petitioners sought for a sum of Rs.20,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent/Insurance company contends that the accident does not occur in the manner alleged by the Petitioner. It was only due to rash and negligent driving by the deceased husband of the 1st petitioner, the accident occurred. The claim of the Petitioner about the age, avocation and income of the deceased is denied. The deceased/husband of the 1st petitioner who was riding his two wheeler bearing Reg.No.TN-01-AF-2318 without any licence suddenly turned towards left side, dashed on the 1st respondent respondent two wheeler driven by her husband causing injuries to him resulting in his death on the spot. It was only due to negligence of the deceased/husband of the 1st petitioner, the accident occurred and Rajinikanth husband of the 1st respondent died on the spot. As the accident occurred due to negligence of the 1st petitioner's husband, they are not entitled to claim any compensation. Hence, the 2nd respondent sought for dismissal of the Petition.