JUDGEMENT
R.SUBRAMANIAN, J. -
(1.)The Claimants in M.C.O.P. No.149 of 2018 are on Appeal, aggrieved by the exoneration of the Insurance Company from the liability by the
Tribunal. The said Original Petition was filed by the Claimants seeking
Compensation for the death of one Jaffar Ali, who died in a Motor Accident
that occurred on 10/4/2018 at about 8.00 a.m.
(2.)It is the case of the Claimants that the deceased was walking cautiously on the Ambattur to Oragadam Gandhi Main Road, from South to North,
while he was going near the Government Primary Health Center, Oragadam,
the Motorcycle bearing Registration No.TN-13-J-6463 ridden by his Rider in
a rash and negligent manner came from behind and hit the deceased. As a
result of which, the deceased sustained multiple injuries and died on
11/4/2018 at the Billroth Hospital, Chennai.
(3.)Terming negligence on the part of the Rider of the Motorcycle, the Claimants sought for Compensation of Rs.60,03,000.00 The Claimants sought to
justify the quantum by contending that the deceased was earning a sum of
Rs.45,000.00 per month and due to his death, the family has lost its sole bread
winner and hence, the Claimants are entitled to compensation of Rs.60,03,000.00Contending that the vehicle, which was cause for the accident namely, TN
13-J-6463 was insured with the 2nd Respondent/Insurance Company and as such, the Insurance Company is liable to pay the Compensation.
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