SELVI Vs. SARAVANAN

JUDGEMENT

(1.) The appellants herein, who are the claimants has preferred this Civil Miscellaneous Appeal against the judgment and Decree made in M.C.O.P.No.363 of 2008 on the file of Motor Accidents Claims Tribunal cum Subordinate Court, Bhavani, Erode District dated 29.10.2009.

(2.) The 1st appellant is the mother, 2nd appellant is the father and the 3rd appellant is the sister of the deceased, viz., Mahesh. On 07.07.2008, the 1st appellant was standing near Chinna Palam, Sadayampalayam on Komara-palayam - Katheri Road with her daughter Minor Sandhiya, the 3rd appellant herein, who was studying at J.K.K.Rangammal Matric Hr.Sec.School, Komarapalayam with her minor son, namely, Mahesh, three years young, hale and healthy active body, who later died. In order to send the 3rd appellant to school, they were awaiting for the school van. The 1st appellant was standing on the north-south katheri to Komarapalayam Road at the western side mud road along with her children. At about 8.20 a.m., the 1st respondent, who drove the vehicle of the J.K.K.Rangammal School bearing Regn.No.TN 346676 in a rash and negligent manner from north to south on the Katheri - Komarapalayam road at the extreme right side of the road and hit against the minor son Mahesh. The minor boy was dragged into a certain extent and right front wheel of the vehicle was ran over him. Immediately, he was taken to the Komarapalayam Government Hospital by the 1st appellant along with neighbours for emergency treatment. The Doctors on duty at the hospital found him dead even before coming to the hospital. The duty doctors performed post-mortem at the hospital itself. The fatal accident has happened before the eyes of the 1st appellant. Only due to the rash and negligent driving of the 1st respondent alone, the accident had taken place. The appellants being mother, father and minor sister of the deceased were put in dark on the fateful demise, therefore, they had claimed a sum of Rs.4,00,000/- against the driver, owner and insurer / 1 to 3 respondents with 18% interest from the date of petition.

(3.) In contrary, the 3rd respondent / Insurance Company has filed a detailed counter affidavit denying all the averments / pleadings of the appellants and stated that the accident had occurred only due to the negligence of the 1st appellant, who while sending her daughter to the school, had not taken care of the small child, thereby the child had gone under the school bus and invited the accident. Further, the Insurance company submitted that there is no negligence on the part of the driver of the bus and the amount claimed by the appellants are very exorbitant, therefore, prayed to dismiss the petition with costs.