MOHAMED SAHIRUTHEEN Vs. B. SUMATHI

JUDGEMENT

(1.) This matter is heard through "Video Conferencing".

(2.) Originally, the appellants along with Shayannisha/1 st claimant and 3 rd respondent, filed M.C.O.P. No.566 of 2002, on the file of the Fast Track Court No.II, (Motor Accident Claims Tribunal), Tindivanam, claiming a sum of Rs.3,00,000/- as compensation for the death of one Suprudeen, who died in the accident that took place on 12.10.1999. Pending claim petition, the 1 st claimant/Shayannisha died.

(3.) According to the appellants and the 3 rd respondent, on the date of accident, at 23.30 hrs, when the deceased was walking towards GST Road, near Divisional Engineer's Office, the driver of a Car bearing Registration No. TNCV-418 belonging to the 1 st respondent, drove the same in a high speed in a rash and negligent manner and dashed against the deceased and caused the accident. The accident occurred due to rash and negligent driving by the driver of the Car belonging to the 1 st respondent. In the accident, the deceased sustained fatal injuries. Hence, the appellant along with 1 st claimant and 3 rd respondent, filed the claim petition, claiming compensation against the respondents as owner and insurer of the said Car.