UNITED INDIA INSURANCE CO. LTD Vs. J. METIDA

JUDGEMENT

(1.) This appeal has been preferred by the appellant, who has been arrayed as the third respondent in M.C.O.P. No.73 of 2015 on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge), Coimbatore, laying a challenge to the liability as against the quantum.

(2.) Respondents 1 to 3 are the wife, son and daughter of the deceased. The deceased was riding a Hero Honda Passion motorcycle bearing Registration No.TN 38 AD 8327 on Marudhamalai Road on 24/7/2014. From Kumaran Street, the deceased took a turn to the main road. The main road viz., Marudhamalai Road is a two way road separated by median. The vehicle belonging to the fifth respondent was parked on the left hand side i.e. in front of the hotel by name Cocaraco. There is another Tea Stall prior to hotel adjoining Kumaran Street. The deceased without noticing the parking of the car, at about 9.30 a.m., took a turn at a rapid speed and dashed against it. By the impact caused, he fell on the right hand side of the vehicle belonging to the seventh respondent, which was passing through the Marudhamalai Road. As the deceased fell on the right hand side, he was crushed by the speeding vehicle. Thus the accident caused the death of the deceased.

(3.) An first information report has been filed against the seventh respondent alone, which was marked as Ex.P1. Thereafter, upon completing investigation, final report has been filed under Ex.P6. The case has been filed for the alleged offence punishable under Sec. 307(2) IPC against the driver of R7.