V. RAMU Vs. MALARKODI

JUDGEMENT

(1.) The Judgment and Award, dated 17.06.2009, passed in M.C.O.P.No. 592 of 2008, by the Motor Accident Claims Tribunal / Additional District Court (Fast Track Court No.I), Madurai, are under challenge in this civil miscellaneous appeal.

(2.) The appellant is the owner of the vehicle bearing registration No.TN49 E7779. The claim petition was filed by the first respondent herein seeking compensation of Rs.10,00,000/-. The claimant would state that on 29.07.2007, at 05.30 p.m., her husband Udayakumar travelled in a Fiat Car owned by the appellant herein and insured with the second respondent Insurance Company from Chennai to Pondicherry along East Coast Road. It is alleged that the driver of the Car was negligent and drove the vehicle in uncontrollable manner and in the result, the Car hit on the road-side stone and capsized. In the accident, the said Udayakumar sustained head injuries and died on the spot.

(3.) The claimant would state that she was newly married and her husband was doing interior decoration works by profession and earned Rs. 20,000/- per month. Due to the accident, she lost her life partner and the sole breadwinner of the family.