MINOR VIJAY Vs. VINAYAGAM AND ORS

JUDGEMENT

(1.) This is an appeal filed under Section 173 of Motor Vehicle Act challenging the award of the Motor Accident Claims Tribunal (Principal Sub Judge), Tiruvannamalai, dated 25.6.2012 made in M.C.O.P.No.580 of 2007 on the file of the said tribunal. By the said award, M.C.O.P.No.580 of 2007 was dismissed in entirety without costs. Questioning the correctness and legality of the said award dismissing the M.C.O.P No.580 of 2007 on the file of the tribunal, the present appeal has been filed by the appellant/claimant on various grounds set out in the Memorandum of Civil Miscellaneous Appeal.

(2.) In an accident that occurred on 3.12.2006 at about 2.30 p.m. near Kadambai village road cross on the Tiruvannamalai-Tindivanam road, one person sustained injuries which ultimately proved to be fatal and the appellant minor Vijay sustained injuries. The admitted case of the parties is that the deceased Selvakumar @ Chellakumar was the owner of the motorcycle bearing registration No.TN-02 Y 6841 and that the said vehicle was insured with the United India Insurance Company Ltd., Tiruvannamalai as on the date of accident. According to the appellant, while the owner of the said vehicle viz., Selvakumar @ Chellakumar was riding his motorcycle referred to above, the appellant was travelling in the said motorcycle as a pillion rider. It is the further case of the appellant that while they were proceeding on the Tiruvannamalai Tindivanam road at about 2.30 p.m. on 3.12.2006 road Kadambai road junction, the said Selvakumar @ Chellakumar applied sudden break in order to avoid hitting a Cow which was crossing the road and turned the motorcycle towards left as a result of which Selvakumar @ Chellakumar lost his balance and the motorcycle came into violent contact with a roadside tamarind tree that in the said accident, the rider of the motorcycle viz., Selvakumar @ Chellakumar sustained grievous injuries which ultimately resulted in his death and that the appellant/claimant in M.C.O.P.No.580/2007 (minor Vijay) sustained grievous injuries.

(3.) According to the appellant, the abovesaid motorcycle stood insured with the Oriental Insurance Co. Ltd., Tiruvannamalai as on the date of accident. The appellant/claimant made a claim of Rs.5 lakhs as compensation against the respondents 2 and 3 as the legal representatives of the owner of the vehicle viz., deceased Selvakumar @ Chellakumar and Oriental Insurance Co. Ltd., Tiruvannamalai as the Insurer of the vehicle involved in the accident. The respondents 2 and 3 did not resist the claim made by the appellant. On the otherhand, they made a separate claim by filing M.C.O.P.No.471 of 2009 against the third respondent herein viz., Oriental Insurance Co. Ltd., Tiruvannamalai claiming a sum of Rs.10 lakhs as compensation.