CHANDRASEKAR Vs. C.PUSSHPARAJ

JUDGEMENT

(1.) The appellants filed this appeal to modify the award passed against the judgment and decree, dtd. 21/11/2019 in MCOP.No.63 of 2017 on the file of the Motor Accidents Claims Tribunal/Additional District Judge, Virudhunagar.

(2.) It is a case of fatal accident. On 30/10/2016 at about 3.00 p.m., the first petitioner was riding the two wheeler bearing Registration No.TN-58-V-7776 along with his son Sundaramahalingam and his cousin's daughter Saranya, from north to south on Madurai - Tuticorin main road in a normal speed observing the traffic rules. At the same time, one Vijayalakshmi was travelling as a pillion rider in an another two wheeler bearing Registration No.TN-67-AC-0932, which was ridden by her mother on the back side of the abovesaid two wheeler bearing Registration No.TN-58-V-7776 on the same direction in the same road in a normal speed observing the traffic rules. While so, the abovesaid both two wheelers were nearing Kalkurichi junction, a car bearing Registration No.TN-48-L-7093 belonging to the first respondent, was driven by its driver, which was proceeding behind the abovesaid both two wheelers, came in a rash and negligent manner without observing the traffic rules and dashed against the two wheeler bearing Registration No.TN-58-V-7776. Due to heavy dashing, the said Chandrasekar and his son Sundaramaalingam were fell down from the two wheeler and the deceased Sundaramahalingam succumbed to injuries.

(3.) The claimants have filed MCOP.No.63 of 2017 before the Motor Accidents Claims Tribunal, Additional District Judge, Virudhunagar, claiming compensation of Rs.10,00,000.00 for the death of the deceased.