SAKUNTHALA Vs. K. BALASUBRAMANIAN

JUDGEMENT

(1.) THE appellants/respondents have preferred the present appeal in C.M.A.(MD).No.770 of 2007, against the judgment and decree passed in M.C.O.P.No.1216 of 1994, on the file of the Motor Accident Claims Tribunal, District Court, Dindigul.

(2.) THE petitioners, who are the mother and minor brother of the deceased Sakthi @ Raja have filed the claim in M.C.O.P.No.1216 of 1994, claiming a compensation of a sum of Rs.1,25,000/- from the respondents, for the death of the said Sakthi @ Raja was working as a cleaner of the 1st respondent's lorry bearing registration No.TCE-7327 and the lorry was stopped at National Timber Depot at Dhadicombu road, Dindigul in order to facilitate loading of goods, at about 12.00 a.m., the driver of the 1st respondent's lorry drove the lorry at a high speed and in a rash and negligent manner and dashed it against the deceased Sakthi @ Raja and the tyre of the lorry van over the chest of the said Sakthi due to which he was crushed to death. At the time of accident, the deceased was earning Rs.780/- per month. Hence, the petitioners who are the dependents on the income of the deceased has preferred the present claim against the 1st and 2nd respondents who are the owner and insurer of the lorry bearing registration No.TCE-7327.

(3.) THE Motor Accident Claims Tribunal framed three issues for consideration in the case namely: (1) Was the accident caused by the rash and negligent driving of the driver of the 1st respondent's vehicle?; (2) Are the respondents liable to pay compensation?; (3) What is the quantum of compensation which the petitioners are entitled to get?