IFFCOTOKIO GENERAL INSURANCE COMPANY LIMITED Vs. K.PAZHANIVEL

JUDGEMENT

(1.) Challenging the award passed by the Motor Accidents Claims Tribunal, Special Subordinate Court Cuddalore in M.C.O.P.No.3974 of 2016 dtd. 7/8/2021 filed under Sec. 163-A of the Motor Vehicles Act, the appellant had preferred the above appeal.

(2.) The respondents 1 and 2 filed a claim petition under Sec. 163 -A of the Motor Vehicles Act stating that on 21/5/2006 at about 3 A.M., their son one Mr.P.Nanda Kumar while riding the motorcycle belonging to the third respondent herein bearing Reg.No.PY-01-CH-9037 at Madavamedu while trying to avoid a pedestrian, fell down and sustained grievous injuries and died subsequently. It is the case of the respondents 1 and 2 that the deceased Mr.P.Nanda Kumar was aged 21 years at the time of the accident and was working as a fisherman and was doing sea food business earning a sum of Rs.3,300.00 per month. The respondents 1 and 2 therefore claimed a sum of Rs.25,00,000.00 towards compensation against the third respondent herein and the appellant/insurer.

(3.) The third respondent herein remained exparte before the Tribunal.