(1.) This Civil Miscellaneous Appeal has been filed against the against the Judgment and Decree dated 28.09.2010 made in M.C.O.P.No.114 of 2007 on the file of the Motor Accident Claims Tribunal / Additional District and Sessions Judge, Fast Track Court No.III, Dharapuram, Erode District.
(2.) The case of the appellant is that on 16.07.2006 at about 3.45 p.m., one Kumarasamy was riding the TVS 50 XL Super bearing Registration No.TN-33-T-4413 from Peruntholuvu to his residence. When he was coming near Sethu Ramalingam Thottam in Muthianaraichal to Sampanthampalayam Road from North to South direction, the first respondent's van bearing Registration No.TN-41-Z-9711 came in a rash and negligent manner and dashed against him. As a result, he sustained grievous injuries and immediately he was taken to Government Hospital, Kangayam. After the first aid was given there, he was referred to C.M.C.Hospital, Coimbatore. But, he died on the way. At the time of accident, he was aged 60, and before the accident, he was doing agricultural work and was earning Rs.4,000/- per month. Since he died in the accident, his legal heirs, who are the appellants herein, filed a petition before the Motor Accident Claims Tribunal / Additional District and Sessions Judge, Fast Track Court No.III, Dharapuram, Erode District, claiming Rs.5,00,000/- as compensation under various heads.
(3.) The second respondent, who is the insurer of the first respondent's van, filed a counter affidavit before the Tribunal stating that the accident was occurred only due to the rash and negligent driving of the first respondent's driver, and also, the policy taken by the first respondent was not covered on the date of accident. Hence, they were not liable for the claim. Further, it has been stated that the alleged age, occupation and income of the deceased were not true and the amount of compensation claimed was highly excessive.