R.JEYALAKSHMI Vs. SRINIVASAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the fair and decreetal order dtd. 4/8/2014 passed in M.C.O.P.No.153 of 2013, on the file of Motor Accident Claims Tribunal (Principal District and Sessions Judge), Theni.

(2.) The claim petitioners are the daughters of the deceased and the wife of the deceased had pre-deceased him, therefore, question of family pension being payable to the claimants does not arise.

(3.) The case of the claimants is that on 15/7/2013 at about 5.30 a.m, when the first petitioner and her father, namely, Paulchami returned after purchasing tea from tea shop in Theni to Andipatti main Road, a Maruthi Suzuki Ecco Car owned by the first respondent came in a rash and negligent manner, without following traffic rules dashed against the petitioners' father, due to which, he sustained injuries all over the body. Immediately after the accident, he was taken to the K.Vilakku Government Hospital, wherein, he died. Alleging that the accident had taken place due to the rash and negligent driving of the first respondent, who is the owner of the vehicle, the claim petition has been filed by the daughters of the deceased Paulchami, claiming compensation of Rs.10,00,000.00.