RELIANCE GEN. INS. CO. LIMITED Vs. K.MAGALI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dtd. 26/8/2021, made in M.C.O.P. No.1647 of 2018, on the file of the District Court, (Motor Accident Claims Tribunal), Tiruppur.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.1647 of 2018, on the file of the District Court, (Motor Accident Claims Tribunal), Tiruppur. The respondents 1 to 4/claimants filed the said claim petition, claiming a sum of Rs.40,00,000.00 as compensation for the death of one M.Kittan who died in the accident that took place on 23/7/2018.

(3.) According to the respondents 1 to 4, on the date of accident, at about 9.00 p.m., when the deceased M.Kittan was walking at Kamanaickenpalayam to Karadivavi road, near Pulliyampatti Pirivu, from South to North direction observing all the traffic rules and regulations, the 5th respondent rode the Pulsar Motorcycle bearing Registration No.TN-37-CJ-7223 in the said road in the same direction in a rash and negligent manner and dashed behind the deceased M.Kittan and caused the accident. In the accident, the said M.Kittan sustained fatal injuries and died on the way to Hospital. The accident occurred only due to rash and negligent riding by the 5th respondent/rider of the Pulsar Motorcycle and hence, the respondents 1 to 4 filed the said claim petition claiming compensation against the 5th respondent and appellantInsurance Company as rider-cum-owner and insurer of the Pulsar Motorcycle respectively.