NAGAMMAL AND ORS Vs. CHOCKALINGAM AND ORS

JUDGEMENT

(1.) The appellants / claimants have preferred the present appeal against the judgment and decree dated 02.08.2007, made in M.C.O.P.No.345 of 2002, on the file of the Motor Accident Claims Tribunal, (Additional District and Sessions Court, Fast Track Court No.II), Ranipet.

(2.) The short facts of the case are as follows:-

(3.) It was submitted that on 08.05.1993, the deceased Mani was proceeding on his Motorcycle from Kancheepuram to Walaja and at about 01.30 p.m., the second respondent's bus bearing registration No.TAJ 5077, coming in the opposite direction and driven at a high speed and in a rash and negligent manner, overtook a Cart, which was laden with Palmara leaves going ahead of it and dashed against the motorcycle and caused the accident. As a result, the deceased Mani lost control of his vehicle and hit against one Munisamy. As a result, the said Mani and Munisami had sustained injured and succumbed to their injuries. At the time of accident, the deceased was working as a flower vendor and earning a sum of Rs.2,500/- per month. Hence, the claimants had filed the claim petition against the respondents, who are the driver, owner and insurer of the bus bearing registration No.TAJ 5077.