UTHAMI Vs. C DEVARAJU

JUDGEMENT

(1.) THE above appeal has been filed by the appellants / claimants against the award and decree made in M.C.O.P.No.91 of 2007, dated 24.06.2008, on the file of Motor Accidents Claims Tribunal, Sub Court, Erode.

(2.) THE short facts of the case are as follows:- On 06.08.2005, at about 3.30 p.m., when the (deceased) was riding the motorcycle bearing Registration No.TN39-AC-4131, at a slow speed and at the left extremity of Kunnathur to Gobi Main Road, proceeding from North towards South and when he was nearing Vannamparai, the first respondent's lorry bearing Registration No.TN-N-4248, coming in the opposite direction and driven by its driver at a high speed and in a rash and negligent manner, dashed against the said motorcycle. THE (deceased) was thrown out of his vehicle and sustained head injuries. He was rushed to the Gobi Government Hospital, but succumbed to his injuries. THE deceased was aged 37 years and was working as an auto driver under Viswanathan of Sokkanoor and was drawing an income of Rs.5,000/- per month. Hence, the petitioners, who are the legal-heirs of the deceased, have filed the claim for Rs.10,00,000/- against the respondents, who are the driver, owner and insurer of the lorry bearing Registration No.TN-N-4248.

(3.) ON the petitioners side, two witnesses were examined and ten documents were marked as Exs.P1 to P10 viz., First Information Report, rough sketch, accident register, post-mortem report, motor vehicle inspector's report of the motorcycle and lorry, charge sheet, legal-heir certificate, driving licence and salary certificate. ON the respondents side, no witness, no documents.