MAHESWARI Vs. BOOPATHIRAJA

JUDGEMENT

(1.) The dependents of Gopalakrishnan (pillion rider), who died in the motor accident occurred on 03/09/2014 are the claimants in M.C.O.P.No.1672/2014 and the appellants in C.M.A.No.803/2016 herein. Thiru.Kuppusamy, who was the rider of the motorcycle and sustained injuries in that accident is the claimant in M.C.O.P.No.1673/2014 and the appellant in C.M.A.No.804/2016 herein.

(2.) Being aggrieved by the dismissal of their claim petitions in M.C.O.P.Nos. 1672 and 1673/2014 by the Motor Accidents Claims Tribunal, Salem in a common award, these two appeals are filed. Tribunal dismissed both the claim petitions with liberty to the claimants to file fresh petition impleading necessary parties.

(3.) The facts of the case in nutshell: On 03/09/2014 at about 9.45 p.m on Veppadi to Kumarapalayam Main Road at Ranganoor near Kumaran Nagar Pirivu, Pallipalayam, while Kuppusamy (claimant in M.C.O.P.No.1673/2014) riding the motor cycle bearing Reg.No.TN 34 S 1444 with Gopalakrishnan on the pillion, came in collusion with the motorcycle bearing registration No.TN 34 U 6833 driven by one Boopathiraja. The riders of the two wheelers Kuppusamy and Boopthiraja sustained injuries. They both were admitted in the hospital and recovered on treatment. Gopalakrishnan died on his way to hospital.