NEW INDIA ASSURANCE CO LTD Vs. K. PAVALAKODI

JUDGEMENT

(1.) The Insurance Company is the appellant herein challenging the Judgment and Decree dated 09.08.2010 passed by the learned Chief Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Chennai, in M.C.O.P.No.4081 of 2004, on the ground of liability and quantum.

(2.) The respondents 1 to 4, who are the legal representatives of the deceased namely, K.Parasuraman, have filed a claim petition in M.C.O.P.No.4081 of 2004 before the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai, alleging that on 20.02.2004 at about 17.00 hours, when the deceased was travelling as a pillion rider in a motorcycle bearing Registration No.TN-AB-0583 along with his friend Saravanan and proceeding from Madhupattinam Kuppam to Chennai near Kadumbadi village in East Coast road, the rider of the motorcycle has driven the same in a rash and negligent manner endangering to the public safety and lost his control and hit against the opposite vehicle, which was coming towards Pondicherry from Chennai in East Coast road and as a result of which, the pillion rider died due to the multiple injuries sustained in the accident and the accident had occurred due to the rash and negligent riding of the rider of the motorcycle. The owner of the vehicle viz., fifth respondent herein remained ex-parte. On the side of the second respondent before the Tribunal/Insurance Company, permission petition under Section 170 of the Motor Vehicles Act was filed in M.P.No.6866 of 2009. In the FIR given by the father of the deceased viz., the second claimant, it was not stated that the accident was caused by the rider of the motorcycle bearing Registration No.TN-07-AB-0583. The police, who has investigated the matter, could not identify the vehicle, which had hit against the above said motorcycle, causing the accident and hence, the matter was closed as untraced.

(3.) On the death of the said K.Parasuraman, the first claimant/mother, second claimant/father and claimants 3 and 4/sisters of the deceased have filed the claim petition claiming a sum of Rs.10,00,000/- as compensation.