RAJATHI Vs. M.J. VAGEESE
LAWS(MAD)-2024-7-32
HIGH COURT OF MADRAS
Decided on July 12,2024

RAJATHI Appellant
VERSUS
M.J. Vageese Respondents


Referred Judgements :-

NATIONAL INSURANCE CO. LTD. V. PRANAY SETHI AND OTHERS [REFERRED TO]
R. VALLI AND OTHERS V. TAMIL NADU STATE TRANSPORT CORPORATION LTD. [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH [REFERRED TO]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
S. IYYAPAN VS. UNITED INDIA INSURANCE COMPANY LTD. [REFERRED TO]
PUTTAMMA VS. K.L.NARAYANA REDDY [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]
M ANANTHI VS. P VENKATESAN [REFERRED TO]
M/S.IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED VS. KALAISELVI [REFERRED TO]


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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