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RMT. TEEKAA RAMAN
Iffco-Tokio General Insurance Company Ltd. , Madurai – Appellant
Versus
K. Maideen – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decreetal order, dated 09.02.2021 made in M.C.O.P.No.41 of 2019, on the file of the Motor Accidents Claims Tribunal/Principal District Judge, Ramanathapuram.)
1. The insurance company is the appellant herein.
2. The respondents 1 to 3 are the legal representatives of the deceased Sharukhan. Challenging the award on the ground of liablity as well as on the quantum and negligence, the respondents 1 to 3 herein filed the claim petition in M.C.O.P.No.41 of 2019 claiming compensation on the ground that the minor boy died in the road transport accident on 12.07.2016 due to the rash and negligent driving of the driver of the fourth respondent herein.
3. For the sake of convenience, the parties are referred to as per their ranking before the tribunal.
4. The accident took place on 12.07.2016 on NH-49 Road, near Old Pattinamkathan Check Post while go to Adam Nagar on 12.07.2016 at 06.45 p.m. At the time of accident, on 12.07.2016, the deceased Sharukkan was studying X standard at Shaji Infant School, Ramanathapuram went to tuition class by riding a two wheeler bearing Reg.No
Liability of insurance company and violation of policy condition by minor rider
Accident claim - Two wheeler and the policy is only for third party. Hence, the wife travelled along with her husband as a pillion rider and the accident has taken place due to the wrong driving by t....
In the absence of proof of tortious act by the driver of the auto, the owner/insured cannot be held vicariously liable.
The main legal point established in the judgment is the determination of liability in a motor accident case, including contributory negligence and the calculation of compensation under different head....
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