KUNJAMMAL Vs. SAMPATH AND OTHERS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants [claimants], challenging the judgment and decree dated 11.12.2009 passed in M.C.O.P.No.318 of 2007 on the file of the Motor Accidents Claims Tribunal [Fast Track Court-II, Additional District Judge], Gobichettipalayam.

(2.) For the sake of convenience hereinafter the parties are referred to, as per their litigative status before the Tribunal.

(3.) It is a case of fatal. The case of the claimants is that, on 05.08.2006 at about 9.30p.m., the deceased Palanisamy, who was the husband of the first appellant and father of the appellants 2 and 3. Along with one Thannasi, the deceased travelled in a motorcycle bearing Registration No. TN-36-Y-6998 in Bannari Road. At that time, another one motorcycle bearing Registration No.TN-39-AD-1359 came from opposite direction in a rash and negligent manner and hit against the vehicle, in which, the deceased was travelled. Due to the accident, the deceased sustained head injury and thereafter, he was admitted in the Government Hospital, Sathyamangalam. Despite of giving necessary treatment, he was died on 07.08.2006.