NEW LNDIA ASSURANCE COMPANY LIMITED Vs. VELLAMMAL

JUDGEMENT

(1.) THE appellant/3rd respondent has preferred the present appeal in C.M.A.(MD).No.190 of 2009, against the judgment and decree passed in M.C.O.P.No.2 of 2006, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.4, Periyakulam.

(2.) THE petitioners, who are the wife and minor children of the deceased Thavasi, have filed the claim in M.C.O.P.No.2 of 2006, claiming a compensation of a sum of Rs.3,01,000.00 from the respondents, for the death of the said Thavasi, in a motor vehicle accident. It was submitted that on 13.09.1999, at about 12.30 p.m., when the (deceased) Thavasi was riding on his motor cycle on the left side of the Andipatti to Theni Main Road, from east towards west and when he was nearing the Vaigai road bridge at 14.15 hours, the 2nd respondents "Tata Benz" lorry bearing registration No.TN-MDA-5187, coming in the opposite direction and driven by the 1st respondent at a high speed in a rash and negligent manner and without sounding horn, dashed against the cycle ridden by the deceased Thavasi. In the impact, the (deceased) Thavasi, fell down and sustained severe injuries on his head and died on the spot. At the time of accident, the deceased was working as a gardener and earning Rs.1,500.00 per month. Hence, the petitioners, who are dependents on the income of the deceased have filed the claim against the 1st, 2nd and 3rd respondents, who are the driver, owner and insurer of the lorry bearing registration No.MDA-5187.

(3.) THE Motor Accident Claims Tribunal framed two issues for consideration in the case namely: (1) Was the accident caused due to the rash and negligent driving of the 1st respondent lorry driver?; (2) Are the petitioners entitled to get compensation?; If so, what is the quantum of compensation which they are entitled to get?