S.VIJAYALAKSHMI Vs. ASHOK BROTHERS IMPLEX LIMITED

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed challenging the portion of the award, dismissing the claim petition as against the Insurance Company from its liability, passed by the Tribunal dtd. 6/2/2017 made in M.C.O.P.No.80 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore.

(2.) The appellants are claimants in M.C.O.P.No.80 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore. They filed the said claim petition claiming a sum of Rs.39,71,000.00as compensation for the death of one Senthil @ Senthilkumar, who died in the accident that took place on 25/1/2009.

(3.) According to the appellants, on the date of accident i.e., on 25/1/2009, at about 17.30 hours, while the deceased Senthil @ Senthilkumar along with one Rajendran was travelling in a Maruthi car bearing Registration No.TN-04-C-9272 on Chennai to Bangalore National Highways Road, near Kilambi Koot Road, the driver of the car drove the same in a rash and negligent manner, dashed against the small bridge on the left side of the road and caused the accident. Due to the said impact, both the deceased Senthil @ Senthilkumar and the said Rajendran died on the spot. Therefore, the appellants filed the above claim petition claiming compensation against the respondents, who are owner and insurer of the car respectively.