V.MEENAKSHI Vs. P.SUNDARAVADIVELU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellants / claimants challenging 50% contributory negligence fixed on the part of the deceased and for enhancement of compensation granted by the Tribunal in the award dtd. 4/11/2019, made in M.C.O.P.No.3128 of 2018, on the file of the Motor Accident Claims Tribunal, Chief Court of Small Causes, Chennai.

(2.) The appellants are the claimants in M.C.O.P.No.3128 of 2018, on the file of the Motor Accident Claims Tribunal, Chief Court of Small Causes, Chennai. They filed the said claim petition, claiming a sum of Rs.1,50,00,000.00 as compensation for the death of one K.Vettriselvan, who died in the accident that took place on 27/2/2018.

(3.) According to appellants, on 27/2/2018 at about 23.00 hours while the deceased K.Vettriselvan was riding the motorcycle bearing Registration No.TN 11 L 1750 from North to South direction at Tambaram Maduravoil By Pass near Thiruneer Malai, Jain Apartments, the driver of the container lorry bearing Registration No.TN 04 AH 7530, who was proceeding ahead of the motorcycle driven by the said K.Vettriselvan, drove the same in a rash and negligent manner and suddenly applied brake and stopped the lorry without any indication. At that time, the said K.Vettriselvan, who was riding the motorcycle behind the lorry, due to unavoidable circumstances dashed against the lorry, sustained head injuries and died. Hence, the appellants filed the said claim petition claiming compensation against the respondents, being the owner and insurer of the lorry respectively.