MARY SHANTHI AND ORS Vs. ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, TIRUVANNAMALAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order dated 30.6.2005 made in MCOP.No.1157/2003 by the learned District Judge (MACT) Tiruvannamalai, dismissing the claim petition on the ground that the claimants failed to prove that the accident had occurred due to the rash and negligent driving of the driver of the offending vehicle.

(2.) The Appellants/ claimants, who are the legal representatives of the deceased Velankanni, who died in the motor accident that had occurred on 13.7.2003 at about 5 p.m., have filed the claim petition against the the Respondent/the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruvannamalai, claiming a compensation of Rs.5 lakhs. According to the claimants, on 13.7.2003 at about 5.00 p.m. the deceased and two others were proceeding in a Hero Honda Motorcycle on the Tiruvannamalai-Vellore Road and when the motorcycle was proceeding in front of Beggars Rehabilitation Home, the Trax Jeep bearing Reg.No.TN025-G-0033 belonging to the Respondent coming from Vellore towards Tiruvannamalai in a rash and negligent manner dashed against the motorcycle, as a result of which the deceased Velankanni sustained head injuries and died on the way to Hospital. According to the claimants, the driver of the Trax Jeep, namely, R.Baskaran drove the vehicle in a rash and negligent manner resulting in the accident, on account of which, the deceased suffered fatal injuries.

(3.) The Respondent contested the claim petition contending that.the driver of the Trax Jeep was driving the same with due care and caution on the left side of the road and the accident had occurred only due to the rash and negligent driving of the motorcycle carrying three persons at the time of the accident. According to the Respondent, the Hero Honda Motorcycle dashed against the right side of the Trax Jeep in the process of overtaking the bus which was going ahead of it.