VAHIDA BANU Vs. PARVEEN TRAVELS

JUDGEMENT

(1.) The appellants are the legal heirs of the deceased Hidayath Ali, who died in a road accident that had taken place on 19/12/2010. The claim petition in M.C.O.P.No.270 of 2011 filed by the appellants herein, seeking compensation for the death of Hidayathi Ali, was dismissed by the Tribunal which has given rise to the filing of the present Civil Miscellaneous Appeal.

(2.) According to the appellants, the deceased Hidayath Ali was employed as a Cook and was earning a sum of Rs.500.00 per day. On the fateful day, on 19/12/2010, at about 01.10 hours, the deceased was walking on the 100 Feet Road, near Oorandi Amman Street, Velacherry after finishing his work. The deceased was accompanied by his friend Amjathkan and while they were walking together, the deceased crossed the road to purchase cigarette. As the deceased did not turn-up even after a considerable length of time, the said Amjathkan searched for the deceased and saw him lying in a pool of blood in the road. On enquiry, he came to know that an unidentified private bus had hit the deceased and ran off. Therefore, a complaint was given by Amjathkan based on which a case in Crime No.488 of 2010 came to be registered against an unknown person. In the First Information Report, the name of the driver of the private bus or the description of the bus were not given.

(3.) While so, one Saravanan, S/o.Kannan surrendered himself before the Guindy Police Station and voluntarily gave a statement stating that it was he who drove the vehicle belonging to M/s.Parveen Travels (P) Ltd., and caused the accident in which the deceased died. On the basis of such statement Saravanan, the driver of the private bus was arrested and remanded to judicial custody. Based on the above developments, the claim petition was filed by the claimants against the owner of the bus namely M/s.Parveen Travels (P) Ltd., and it's insurer, claiming a sum of Rs.14,00,000.00 as compensation for the death of the deceased.