R.BALAMURUGAN Vs. T.S.PERUMAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed by the claimants as against the Award and Decree, dated 31.07.2006, passed in M.C.O.P.No.92 of 2003 on the file of the Motor Accident Claims Tribunal, Fast Track Court - IV, Periyakulam, Theni District.

(2.) THE appellants herein / claimants in the O.P. have filed a claim petition, claiming compensation of Rs.25,00,000/- for the death of one Rajesh Kanna and in the claim petition it is stated that on 24.08.2008 at about 16.30 hours, the deceased viz., Rajesh Kanna was riding his bicycle slowly in Bangalore - Chennai National Highways from East to West and when and he was nearing Karanthangal Kottu Road. At that time, the first respondent's vehicle driver drove the lorry bearing Reg.No.TN-04-A-8239 in the same direction from east to west in a rash and negligent manner with a terrific speed and dashed against the deceased bi-cycle from behind and thereby, the deceased sustained multiple grievous injuries and died in the hospital. The accident was occurred only due to rash and negligent driving of the first respondent's vehicle driver and criminal case was also registered as against the driver of the vehicle. It is the further case of the appellants / claimants is that the age of the deceased was 18 at the time of accident and he was studying 1st year B.E., in Auto Mobile Engineering at Sri Venkateswara College of Engineering, Sriperumpudur. The appellants herein / claimants are the parents of the deceased and they have claimed a compensation of Rs.25,00,000/- from the 1st and 2nd respondents, who are owner and insurer of the vehicle.

(3.) THE 2nd respondent Insurance Company filed a counter in which it is admitted that the first respondent vehicle was insured with the 2nd respondent. But it is averred in the counter that the driver of the lorry was never negligent and rash in his driving and the accident was occurred only due to negligent driving of the deceased and hence, respondents are not liable to pay compensation. It is stated that the claim of compensation on various heads are also excessive.