(1.) The appellant/2nd respondent has preferred the present appeal in C.M.A.(MD)No.1527 of 2011, against the judgment and decree passed in M.A.C.O.P.No.597 of 2009, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court, Dindigul.
(2.) The petitioners, who are the wife and children of the (deceased) Mani, have preferred the claim in M.A.C.O.P.No.597 of 2009, claiming compensation of a sum of Rs.5,00,000/- from the respondents, for the death of the said Mani in a Motor Vehicle Accident. It was submitted that on 14.04.2009, at about 09.30 a.m., when the (deceased) Mani was standing on the extreme left of the Dindigul-Nattham Road, at Reddiapatti bus stand, the 1st respondent's mini lorry bearing registration No.TN-N4849, coming on the same road from east towards west and driven by its driver at a high speed and in a rash and negligent manner dashed against the (deceased) Mani and some others and caused the accident. As a result, the (deceased) Mani sustained grievious injuries and died on the spot. At the time of accident, the (deceased) Mani was aged 55 years and was an Agriculturist and also engaged in Vegetable business and was earning Rs.10,000/- per month. Hence, the petitioners have filed the claim against the 1st and 2nd respondents, who are the owner and insurer of the lorry bearing registration No.TN-N4849.
(3.) The 2nd respondent, in his counter has denied the averments in the claim regarding age, income and occupation of the deceased. It was also submitted that as the 1st respondent's vehicle had been plied without getting a valid permit from the revenue authorities, the conditions laid down in the policy of insurance had been violated and as such the 2nd respondent cannot be held liable to pay compensation to the petitioners. It was submitted that the claim was excessive.