T SAROJA Vs. K M SENTHIL

JUDGEMENT

(1.) The appellants / claimants have preferred the present appeal against the judgment and decree dated 07.11.2006, made in M.C.O.P.No.34 of 2005, on the file of the Motor Accident Claims Tribunal, Sub Court, Sankagiri.

(2.) The short facts of the case are as follows:-

(3.) It was submitted that on 29.01.2005, at about 05.15 a.m., when the deceased Thirumalai was proceeding on his cycle, on Sankagiri-Erode Main Road, near Balaji I.T.I., Unchakorai, the first respondent's lorry bearing registration No.TN38 V5781, coming on the same road and driven at a high speed and in a rash and negligent manner, had dashed against the deceased and caused the accident. As a result, the deceased Thirumalai had sustained grievous injuries and died on the spot. At the time of the accident, the deceased was aged about 45 years and was working at India Cements, Sankagiri and earning a sum of Rs.9,000/- per month. Hence, the petitioners had filed the claim petition.