JAGADEESWARI Vs. R.NITHIYA KALYANI

JUDGEMENT

(1.) This matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed against the award dated 28.11.2012, made in M.C.O.P. No.1378 of 2009, on the file of the Chief Judge, Small Causes Court, (Motor Accident Claims Tribunal), Chennai.

(2.) The appellants filed M.C.O.P. No.1378 of 2009, on the file of the Chief Judge, Small Causes Court, (Motor Accident Claims Tribunal), Chennai, claiming a sum of Rs.6,45,000/- restricted to Rs.3,00,000/- as compensation for the death of one Balasundaram @ P.M.Durai, who died in the accident that took place on 27.10.2008.

(3.) According to the appellants, on the date of accident, when the deceased was riding his Motorcycle bearing Registration No.TN-09-AQ-1456 under Kathipara fly over, Guindy, driver of the Car bearing Registration No.TN-07-AP-1188 belonging to the 1 st respondent drove the same in a rash and negligent manner and dashed on the Motorcycle driven by the deceased and caused accident. In the accident, the deceased succumbed to fatal injuries. The accident occurred only due to rash and negligent driving by the driver of the Car belonging to the 1 st respondent and hence, the appellants filed the claim petition claiming compensation against the respondents as owner and insurer of the Car.