NEW INDIA ASSURANCE CO. LTD Vs. RAMASAMY

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.439 of 2007, on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court-III, Madurai.

(2.) THE short facts of the case are as follows:- The petitioners, who are the legal heirs of the (deceased) Periasamy have filed the claim in M.C.O.P.No.439 of 2007, claiming compensation of Rs.3,00,000.00 from the respondents, for the death of the said Periasamy, in a motor vehicle accident. It was submitted that on 22.04.2006, at about 7 p.m., when the (deceased) was travelling as a pillion rider in a motor cycle bearing Registration No.TN-59-W-4713, on the Madurai-Trichy main road and when it was nearing Vinayagapuram bus stop at Melur, the first respondent's lorry bearing Registration No.TN-59-AB-8520, driven by its driver at a high speed and in a rash and negligent manner dashed against the motor cycle and caused the accident. The (deceased) sustained grievous injuries and he was taken to the Meenakshi Mission Hospital, where first aid was given and subsequently while he was taken to the Government Rajaji Hospital, he died on the way. At the time of the accident, the (deceased) Periasamy was a flower vendor and earning not less than Rs.4,500.00 per month. The third respondent is the daughter of the deceased, while the first and second petitioners are the parents and the third and fourth petitioners are the sisters of the deceased. Hence, the petitioners have claimed compensation from the first, second and third respondents. The first and second respondents are the owner and insurer of the lorry bearing Registration No.TN- 59-AB-8520 and the third respondent is the daughter of the deceased.

(3.) THE third respondent, in her counter had submitted that the deceased Periasamy in her father and that the marriage between the said Periasamy and her mother Pushpam was solemnized in accordance with the Hindu Customs and Rites and that she is the legal-heir of the deceased and therefore, entitled to get more compensation.