S.RAVAMMA Vs. S.JAYARAMAN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed challenging the dismissal order passed by the Tribunal in the award dtd. 26/2/2020 made in M.C.O.P.No.7198 of 2015 on the file of Motor Accident Claims Tribunal, Chief Small Causes Court, Chennai.

(2.) The appellants are claimants in M.C.O.P.No.7198 of 2015 on the file of Motor Accident Claims Tribunal, Chief 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 one S.Jayaramaiah, who died in the accident that took place on 13/3/2015.

(3.) According to the appellants, on the date of accident i.e., on 13/3/2015, at about 5.15 a.m., while the deceased S.Jayaramaiah, husband of the 1st appellant and father of the appellants 2 and 3, was walking on Nagari to Puttur Main Road, Opposite to Old APSRTC Bus Stand, Nagari Mandal, Chittoor District, Andhra Pradesh, the driver of the TATA Sumo bearing Registration No.TN-02-W-0005 belonging to the 1st respondent, insured with the 2nd respondent, drove the same in a rash and negligent manner, dashed against the motorcycle bearing Registration No.AP-03-Y-1259 and also dashed against the said Jayaramaiah and caused the accident. Due to the said impact, the said Jayaramaiah was thrown out and sustained multiple injuries. He was given treatment in various hospitals and in spite of treatment, he died on 3/5/2015. According to the appellants, the accident has occurred due to rash and negligent driving by the driver of TATA Sumo belonging to the 1st respondent, insured with the 2nd respondent and therefore, they filed the claim petition claiming compensation against the respondents.