P.SASIKALA Vs. H.NAVEED

JUDGEMENT

(1.) Not being satisfied with the award passed by the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai, the claimants are before this court with the present Civil Miscellaneous Appeal.

(2.) It is a case of fatal accident. The 1st appellant is the wife and the appellants 2 and 3 are the minor sons of the deceased one Ponnusamy. According to the claimants, on 16.05.2018 at about 08.15 p.m. while he was crossing the Brickline Road in front of Solai Amman temple at S.S.Puram, Ottery in Chennai, a motor cycle bearing registration number TN 05 BJ 7873, ridden by the 1st respondent in a rash and negligent manner dashed against the deceased in which he sustained serious head injuries besides multiple injuries all over the body. He was immediately admitted at Kilpauk Government Medical College and Hospital. Subsequently, he succumbed to the injuries on 20.05.2018. At the time of accident, he was 35 years old. He was a tricycle loadman and earning a sum of Rs.750 per day. He was the sole bread winner of the family. Therefore, the claimants filed the claim petition claiming compensation of Rs.40,00,000/- for the losses sustained due to the death of Ponnusamy.

(3.) The 1st respondent who is the owner of the vehicle had remained absent before the tribunal and therefore, he was set ex parte. The 2nd respondent insurance company contested the claim petition inter alia contending that the accident was taken place only due to the negligence of the deceased and hence, he being the tortfeasor is not entitled for any compensation from the respondents. It is further contended by the 2nd respondent that the motor cycle was not involved in the accident. Further, there was an inordinate delay in lodging the complaint before the police which creates suspicion in involvement of the motor cycle in the occurrence.