S SUSILA Vs. K SUNDARAM

JUDGEMENT

(1.) THE above appeal has been filed by the appellants / claimants, against the award and decree dated 22.09.2003 made in M.C.O.P.No.539 of 2001 on the file of the Motor Accidents Claims Tribunal, Additional District cum Sessions Judge, II Fast Track Court, Chennai.

(2.) ON 11.04.2000 at about 16.00 hours, the deceased was proceeding on his tricycle from Puzhal to Vyasarpadi on the North Trunk Road, when at that time a mini van bearing Registration No.TN 02 H 0703 came at high speed and in a rash and negligent manner on the same direction and dashed against the tricyclist, in which the tricycle went out of control and collided with an ongoing lorry bearing Registration No.TDO 275. In the result, he had succumbed. Hence, the legal-heirs of the deceased had filed the claim petition against the respondents claiming a compensation of Rs.20,00,000/- with interest.

(3.) ON the side of the claimants, three witnesses had been examined, six documents were marked. ON the side of the respondent no witness, but one document was marked i.e., requisition letter to the Doctor for a post-mortem-requested. The marked documents are as follows:- Legal-heir Certificate, Postmortem Certificate, Death Certificate, Salary Certificate, FIR and Rough Sketch.