K.PALANISAMY Vs. M.MATHIYALAGAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellants / claimants challenging the dismissal order passed by the Tribunal in the award dtd. 3/11/2020, made in M.C.O.P.No.74 of 2019, on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.

(2.) The appellants are the claimants in M.C.O.P.No.74 of 2019, on the file of the Motor Accident Claims Tribunal, Special District Court, Salem. They filed the said claim petition, claiming a sum of Rs.25,00,000.00 as compensation for the death of one P.Mohanraj, who died in the accident that took place on 22/4/2018.

(3.) According to the appellants, on 22/4/2018 at about 13.45 hours while the deceased P.Mohanraj was riding the motorcycle bearing Registration No.TN 90 B 6400 on the Vellalakundam - Veppilaipatty road near Arasamaram bus stop, the rider of the two wheeler bearing Registration No.TN 54 C 5784, who was riding the two wheeler from the opposite direction in a rash and negligent manner at high speed, dashed against the motorcycle driven by the said P.Mohanraj and caused the accident. In the accident, the said P.Mohanraj died on the spot and immediately he was taken to Government MKMC Hospital, Salem for postmortem. Therefore, the appellants filed the above said claim petition claiming a sum of Rs.25,00,000.00 as compensation against the respondents, being the owner and insurer of the motorcycle bearing Registration No.TN 54 C 5784 and the insurer of the motorcycle driven by the deceased respectively.