ORIENTAL INSURANCE COMPANY LTD Vs. VALLIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 11.10.2017 made in M.A.C.T.O.P.NO.5542 of 2012 on the file of Motor Accident Claims Tribunal, in the Court of Small Causes, Chennai.

(2.) The Appellant 'Insurance Company is the second Respondent, Respondents 1 to 3 are Claimants and 4th Respondent is the 1st Respondent in M.A.C.T.O.P.NO.5542 of 2012 on the file of Motor Accident Claims Tribunal, in the Court of Small Causes, Chennai. According to the Respondents 1 to 5, the husband of the first respondent and father of Respondents 2 and 3 was riding a Bicycle on 25.4.2010 at about 08.00. P.M near SRB tools Signal at Rajiv Gandhi Salai, while so the 1st Respondent Private Bus bearing Registration No.TN-73 ~ 7508 driven by its driver rash and negligent manner hit the deceased from behind,due to which he suffered multiplies injuries died on spot. The deceased was 60 years at the time of death and working Kovil Poosari at Poondy Amman koil and almin product at Anna Salai,Chennai and earning Rs.15,000/- per month.The Respondents 1 to 3 are dependents of the deceased. They claim a sum of Rs.11,00,000/- as compensation .The 4th Respondent is owner of the vehicle remained exparte.

(3.) The Appellant filed counter statement and denied various allegations made by the Respondents 1 to 3 and pleaded the accident not happened due to rash and negligent driving of the 4th respondent driver and denied the age and income of the deceased.