R.MALA Vs. P.AYYANAR

JUDGEMENT

(1.) This matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed against the award dated 07.01.2013, made in M.C.O.P. No.692 of 2008, on the file of the XVII Additional District and Sessions Judge, (Motor Accident Claims Tribunal), Chennai.

(2.) The appellants filed M.C.O.P. No.692 of 2008, on the file of the XVII Additional District and Sessions Judge, (Motor Accident Claims Tribunal), Chennai, claiming a sum of Rs.16,00,000/- as compensation for the death of one Suresh who died in the accident that took place on 02.11.2007.

(3.) According to the appellants, on the date of accident, when the deceased was driving his Hyundai Accent Car bearing Registration No.TN09-AF-3232 belonging to the 4 th respondent, proceeding from Noth to South, at Karur-Dindigul main road, NH-7 Easanatham Division North, Velmapadi village, Karur District, the 2 nd respondent, driver of the Ashok Leyland Lorry bearing Registration No.TN-30-Z-6888 belonging to the 1 st respondent driven the same in a rash and negligent manner and dashed on the Car and caused the accident. In the accident, the Car was crushed entirely and deceased succumbed to fatal injuries. The accident occurred only due to rash and negligent driving by the driver of the Lorry belonging to the 1 st respondent and hence, the appellants filed the claim petition claiming compensation against the respondents 1 to 3 as owner, driver and insurer of the Lorry and respondents 4 and 5 as owner and insurer of the Car.