SUNDEEP SAMSON Vs. LIONEL JOHN KARUNAKARAN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed challenging the dismissal order passed by the Tribunal in the award dtd. 24/4/2019 made in M.C.O.P.No.3670 of 2016 on the file of Motor Accident Claims Tribunal, II Small Causes Court, Chennai.

(2.) The appellants are claimants in M.C.O.P.No.3670 of 2016 on the file of Motor Accident Claims Tribunal, II Small Causes Court, Chennai. They filed the said claim petition claiming a sum of Rs.25,00,000.00 as compensation for the death of their mother viz., Shashikala, who died in the accident that took place on 11/3/2015.

(3.) According to the appellants, on the date of accident i.e., on 11/3/2015, at about 7.45 hours, while the deceased Shashikala was travelling as a pillion rider in a Hero Honda Activa two wheeler bearing Registration No.TN-07-BC-4833, from Maraimalai Nagar to Tambaram, on GST Road, Kilambakkam Lawrence Labour Body Works Opposite, the driver of the unknown Government bus came in the same direction and the rider of the two wheeler, who is husband of the deceased Shashikala, in which the deceased Shashikala travelled as pillion rider, rode the same in a rash and negligent manner, lost his balance, dashed against the left side body of the Government bus and caused the accident. In the accident, the said Shashikala died on the spot. Therefore, the appellants filed the above claim petition claiming compensation against the 1st respondent, owner of the two wheeler and 2nd respondent/Insurance Company, insurer of the said two wheeler.