CHELLAMAL Vs. T PUNITHA

JUDGEMENT

(1.) BEING aggrieved by the order of dismissal of the claim petition, dated 19.01.2009 and made in M.C.O.P.No.194 of 2008, on the file of the Motor Accident Claims Tribunal (Fast Track Court No.1), Thoothukudi, the claimant has approached this Court by way of this memorandum of Civil Miscellaneous Appeal.

(2.) THE appellant/claimant is none other than the mother of the deceased Senthurkani, who had died in the road traffic accident, which took place on 10.05.2007 at about 05.30 p.m, involving the Tempo 407 Van bearing Registration No.TN-69-E-6330 at Beach Road, Tuticorin. At the time of death, the deceased was aged about 38 years and she was an unmarried woman and was working as a coolie in the Fishing Harbour at Tuticorin.

(3.) EVEN though the Tribunal had given a specific finding that the accident was caused due to the rashness and negligence on the part of the first respondent's driver, it had proceeded to dismiss the claim petition on the ground that the second respondent/Insurer is not liable to pay any such compensation to the appellant/claimant.