SUKUMAR Vs. SELVI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the appellants/claimants challenging the portion of the award dtd. 6/6/2012 made in M.C.O.P.No.346 of 2010 on the file of the Motor Accident Claims Tribunal, III Additional District and Sessions Court, Salem.

(2.) By consent of both the learned counsel for the appellants and 2nd respondent, the appeal is taken up for final disposal at the stage of admission itself.

(3.) The appellants are claimants in M.C.O.P.No.346 of 2010 on the file of the Motor Accident Claims Tribunal, III Additional District and Sessions Court, Salem. They filed the said claim petition claiming a sum of Rs.5,00,000.00 as compensation for the death of one Santhanam, who died in the accident that took place on 27/10/2009. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent riding by the rider of the TVS-XL super belonging to the 1st respondent and directed 1st respondent/owner of the vehicle to pay a sum of Rs.3,06,032.00 as compensation to the appellants and exonerated the 2nd respondent/Insurance Company. Challenging the portion of the award exonerating the 2nd respondent/Insurance Company from its liability, the appellants have come out with the present appeal.