LAWS(MAD)-2020-8-18

EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT Vs. RANI

Decided On August 04, 2020
EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT Appellant
V/S
RANI Respondents

JUDGEMENT

(1.) These two appeals are filed by the aggrieved respondents in the Motor Accident Claim Petitions filed by the dependants of the accident victims. The Tribunal has passed common order in the claim petitions M.C.O.P.Nos.311 of 2013 & 312 of 2013. Since, the ground raised in this Appeal is also common, common judgment is passed.

(2.) The brief facts of the case is that on 13.08.2005, at about 19.45 hours, Rajendran, aged 19 years was carrying Selvarasu, aged 22 in his bicycle at Tiruvannamalai to Chengam Main road, Ammapalayam Village, Chengam Taluk. Near Rajambal house at Thanagoundar Pudhur, the vehicle of Public Works Department hit against the cycle in which both Selvarasu and Rajendran died due to the injury sustained by them. Both were unmarried at the time of death. Their dependants filed claim petitions before the Tribunal.

(3.) In M.C.O.P.No.311 of 2013 filed by the parents and the brother of Selvarasu, it was contended that Selvarasu was earning Rs.4,500/- as mason. Due to the rash and negligent driving of the Jeep bearing Registration No.TN 07 G 1989, driven by the 1st respondent Mr.Sridhar and owned by the respondents 2 to 4, he succumbed to the injuries. Hence, compensation of Rs.5,00,000/- claimed.