MANAGING DIRECTOR, TIRUNELVELI Vs. SULTHANBEEVI

JUDGEMENT

(1.) THE appellant / respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.1007 of 2010, on the file of Motor Accidents Claims Tribunal, Additional District and Sessions Court cum Fast Track Court-I, Tirunelveli.

(2.) THE short facts of the case are as follows:- The petitioners, who are the wife and children of the deceased Abdul Rahman, have filed the claim in M.C.O.P.No.1007 of 2010, claiming compensation of a sum of Rs.10,00,000/- from the respondent for the death of the said Abdul Rahman in a motor vehicle accident. It was submitted that on 21.07.2010, at about 11 a.m., when the deceased Abdul Rahman was riding his motor cycle bearing Registration No.TN-72-AD-4477 from the Veeravanallur to Tirunelveli Sankanthiradu Vilakku, carefully and cautiously on the left of the road, the respondent bus bearing Registration No.TN-72-N-0626, coming in the opposite direction and driven by its driver at a high speed and in a rash and negligent manner, dashed against the motorcycle and caused the accident. In the impact, the (deceased) Abdul Rahman was thrown out of the vehicle and sustained grievous injuries. Immediately thereafter, he was admitted at Cheran Mahadevi Government Hospital and subsequently admitted at Palayamkottai Government Hospital and received treatment. But, in spite of treatment, the (deceased) Abdul Rahman succumbed to his injuries on 23.07.2010. Hence, the petitioners have filed the claim against the respondent.

(3.) THE Motor Accidents Claims Tribunal framed two issues for consideration in the case, viz.,