JOINT EXCISE COMMISSIONER Vs. S. JAYALAKSHMI

JUDGEMENT

(1.) Judgement of the Court was delivered by Krishnan Ramasamy,J. Challenging both the liability as well as the quantum of compensation awarded by the Motor Accidents Claims Tribunal, (Special Sub Judge) Coimbatore, in and by its award, dated 04.10.2017, passed in M.C.O.P.No.1490 of 2014, the present Civil Miscellaneous Appeal is preferred by the appellants.

(2.) The respondents 1 to 4 herein are the petitioners/claimants before the Tribunal. It is the case of the claimants that on 09.05.2012, when Senthil Murugan (deceased) was riding an Hero Honda Karushima Motor Cycle, bearing Registration No.TN 66 E 353 from KMCH towards his residence, and while he was proceeding from east to west at PSGR Krishnamal Junction, at that time, the Jeep, bearing Regn No.KL 01 S1270, driven by the first respondent came in a rash and negligent manner and dashed against the deceased's Vehicle. Due to the accident, the said Senthil Kumar sustained injuries and succumbed to death. Since the accident occurred only due to the rash and negligent driving of the Jeep, the legal heirs of the deceased, who are wife, minor son and parents filed a Claim Petition against the insured as well as the insurer, claiming a sum of Rs.4,00,00,000/- as compensation.

(3.) The third respondent before the Tribunal resisted the Claim Petition by filing a Counter Statement, stating that the accident occurred only due to the negligence on the part of the deceased, as he rode the motor bike carelessly, without watching the Jeep taking U turn and also failed to slow down his bike, and thus, his contribution to the accident is 100%, and therefore, they cannot be made liable to pay any compensation. Apart from denying the liability, the third respondent also denied the age, avocation and income of the deceased and prayed for dismissal of the Claim Petition.