P.THENMOZHI Vs. B.GURUMURTHY

JUDGEMENT

(1.) Questioning the finding fixing contributory negligence and seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal (Special Sub-Court No.2, Small Causes Court), Chennai vide order dtd. 24/1/2020 in MCOP No.4498 of 2016, the claimants/legal representatives of the deceased Prabhu, have filed the present appeal.

(2.) For the sake of convenience, the parties are hereinafter referred to as per their ranking before the Claims Tribunal.

(3.) The claimants/petitioners are the legal representatives of the deceased Prabhu, who died in the road accident on 12/5/2015. As per the claim petition and the affidavit, on 12/5/2015, at about 22.30 hours, the deceased Prabhu drove the Lorry bearing Regn.No.TN-22-C-1333 on the Chennai Bunruti Road and near Kappiyampuliyur Bus Stop the 1st respondent lorry bearing Regn.No.TN-22-AS-7450 driven with a terrific speed, in a rash and negligent careless manner endangering public safety and unmindful of main road traffic, hit the lorry of the deceased. On this heavy impact, the Lorry was totally damaged and entire body of Prabhu crushed and sustained multiple grievous injuries all over the body and he died. The accident occurred solely due to the rash and negligent driving of the driver of the 1st respondent's lorry bearing Regn.No.TN-22-AS-7450, who is alone responsible for the accident. The 2nd respondent is the insurer of the said lorry. Hence, contending that both the respondents are jointly and severally liable to pay compensation, the claimants/legal representatives of the deceased Prabhu claimed compensation of Rs.55,00,000.00 before the claims Tribunal.