R. SARASWATHI Vs. G. THYAGARAJAN

JUDGEMENT

(1.) The plaintiffs herein are the parents of D.Nagarajan, who died in the road accident on 29.01.2011. Being his parent and the dependents on the demise D.Nagarajan, who was unmarried at the time of death, the appellants have preferred the claim petition assessing the loss at Rs.15,00,000/- and had restricted the claim to Rs.12,00,000/- for the purpose of Court fee.

(2.) According to the claim petition, on 29.01.2011, at about 9.50 p.m when the deceased D.Nagarajan, was riding his Bajaj Discover Motor cycle bearing Registration No.TN 20 AC 4531 on the left side of Arakkonam Kancheepuram Road, a tourist bus bearing Registration No.TN 37 AK 9009 owned by the 1st respondent insured with the 2nd respondent driven by its driver in a rash and negligent manner, hit the two wheeler causing death of Nagarajan. Claiming that, the said D.Nagarajan was earning Rs.10,000/- per month and Rs.250/- batta per day as JCB operator cum mechanic in KGP chamber, compensation of Rs.12,00,000/- for the loss of estate, funeral expense, loss of happiness, love and affection, sought.

(3.) The Motor Accident Claims Tribunal, Tiruvallur, after appreciating the evidence let by the petitioners through P.W.1 to P.W.3 and 13 Exhibits held that the accident was occurred due to rush and negligent driving of the tourist bus driver, therefore, the owner of the vehicle and the insurer are liable to pay compensation for the death of D.Nagarajan.