ABDUL BARI Vs. PALANI

JUDGEMENT

(1.) On 2.2.1993, at about 2 a.m. at Tiruppur Palladam Road near T.K.T. Mill the deceased Arumugam was riding a moped bearing registration No. TN 41-Y 2157 and the van bearing registration No. TCA 1716 driven by its driver came in a rash and negligent manner dashed against the moped and the victim Arumugam sustained injuries and succumbed to the injuries. The claimants are the parents of the deceased.

(2.) The claimants contend that the accident occurred due to rash and negligent driving of the van driver and the deceased was earning a monthly income of Rs. 2,500 and the respondents in the petition are liable to pay the compensation. The claimants claimed Rs. 9,00,000 as compensation.

(3.) The respondent No. 1, driver of the van contends that he was driving his van slowly with care and caution on the left side and the victim came on the moped without any lights and he only dashed against the van and the respondent No. 1 is not responsible.