G. KUPPAN Vs. P. ARUNACHALAM

JUDGEMENT

(1.) THIS Appeal is preferred under Section 173 (1) of Motor Vehicles Act, 1988, challenging the award, dated 18.09.2008, passed in M.C.O.P. No. 212 of 2007, on the file of the Motor Vehicle Accidents Claims Tribunal, Tiruvallur. The appellants/petitioners who are husband and children of Mrs. Sindhu have filed claim petition claiming compensation of Rs. 5 lakhs for the death of abovesaid Mrs. Sindhu, who died in the motor accident occurred on 7.1.2007.

(2.) THE case of the appellants/claimants is that, on 07.01.2007 at about 16.15 hours, while the said Mrs. Sindhu was travelling with her husband/first appellant as pillion rider in a Two Wheeler, bearing Regn. No. TN O7 AJ 0955, towards Thiruvallur, first respondent Mahindra Van, bearing Regn. No. TN 20 U 7191, came in the same direction, driven by its driver in a rash and negligent manner with high speed in Kaalalur Bazaar and hit the rear side of the Two Wheeler, as result of which, the said Mrs. Sindhu, thrown out on road, due to the multiple injuries sustained by her all over the body, died on the spot itself and the accident was occurred only due to the rash and negligent driving of the first respondent and at the time of accident, the age of the deceased Sindhu was 35 years and she was working as Binder in the Vinayak Prints and earning a sum of Rs. 8,500/ - per month. The appellants/petitioners, who are husband and children of the deceased claimed a compensation of Rs. 5 lakhs from the first respondent owner of the abovesaid van and second respondent -insurance company.

(3.) ON the side of the appellants/claimants have examined two witnesses as PW.1 and PW.2 and marked Ex.P1 -copy of FIR, Ex.P2 -post -mortem certificate, Ex.P3 -copy of death certificate, Ex.P4 -copy of legal heir certificate, Exs.P5 & P6 -certificates to prove that minor petitioners 2 and 3 are handicapped, Ex.P7 -copy of salary certificate of the deceased, Ex.P8 -salary vouchers, Ex.P9 -authorisation given to PW.2. On the side of the respondents, no witness was examined and no document was marked.