M. JEEVITHA Vs. S. VALARMATHI

JUDGEMENT

(1.) The wife, parents, and minor son who are the dependents of the deceased Manikandan have filed the claim petition in M.C.O.P.No.24 of 2006 before the Tribunal claiming compensation of Rs.6,50,000/- for the death of Manikandan in a road accident.

(2.) On 12.11.2004 at 11.00 p.m., the deceased Manikandan, husband of the first appellant/claimant met with an accident while he was riding two-wheeler Bajaj Kawasaki bearing registration No.TN 23 R 8491 in Ambur to Pernambut road next to Chinnavarikkam Village, a lorry bearing registration No.TN 23P 8438 driven by its driver in a rash and negligent manner, hit the two wheeler and caused grievous injuries to Manikandan all over his body and he was taken to Government hospital, Ambur for treatment where it was informed that Manikandan died on the way to hospital. A case in Cr.No.638 of 2004 was registered under Sec.304(A) of I.P.C. by Umabarath police station. The deceased was 27 years at the time of accident, earned Rs.10,000/- per month by running a grocery shop. The first petitioner is the wife, second and third petitioners are the parents and fourth petitioner is the minor son of the deceased Manikandan. The first and third respondents are owners and the second and fourth respondents are the insurers of both the vehicles involved in the accident.

(3.) The second respondent Insurance Company denied the said averments of the claimants/appellants.