R.SUBBIAH, J. - (1.) CHALLENGING the correctness of the Award (14.12.2010) passed by the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Vellore, in M.C.O.P. No. 138 of 2009, Royal Sundaram Alliance Insurance Company has preferred this appeal. Respondent Nos. 1 to 4 are claimants before the Tribunal and they are the legal heirs of deceased R.Vasanthan, who had died in a motor accident occurred on 28th January, 2009.
(2.) BRIEF facts are as follows: On 28th January, 2009 at about 5.00 p.m. while one R.Vasanthan was riding the motorcycle bearing registration No. TN -23 -AS -2504 at Sipcot near Reliance Petrol Bunk, in the same direction, a car bearing registration No. TN -23 -AF -0048 came in a rash and negligent manner with a hectic speed and hit the backside of the motorcycle. In that process, the said Vasanthan sustained grievous injuries on his head and all over his body and immediately he was admitted in C.M.C.Hospital Vellore, where he died. The accident is the result of rash and negligent driving of the driver of the car. Hence, respondent Nos. 1 to 4 made a claim as against the owner as well as the insurer, of the car. Resisting the said case, Insurance Company filed a counter stating that the accident had occurred only due to the negligent riding of the two wheeler by the deceased and as such, they are not liable to pay the compensation amount.
(3.) BEFORE the Tribunal, on the side of claimants, the 1st respondent examined herself as P.W.l besides examining two other witnesses as P.Ws.2 and 3 and marked 15 documents as Exts.A -1 to A -15. On the other side, driver of the car was examined as R.W.I and the Investigator appointed by the Insurance Company was examined as R.W.2 and two documents were marked as Exts.R -1 and R -2. The Tribunal, after considering the entire evidence, came to the conclusion that the accident had occurred due to the negligent act of the driver of the car in question. By coming to such a conclusion, the Tribunal assessed the compensation under different heads and passed an award for a sum of Rs.37,33,248/ - and thus, directed the Insurance Company to pay the said amount, by indemnifying the owner of the car. Aggrieved over the same, the present appeal has been filed.;