JAYALAKSHMI Vs. GANAPATHY

JUDGEMENT

(1.) THE appellants / claimants have preferred the present appeal against the judgment and decree dated 04.07.2001, made in M.A.C.T.O.P.No.330 of 2002, on the file of the Motor Accident Claims Tribunal, Special Additional Court, Dharmapuri.

(2.) THE short facts of the case are as follows: - The claimants, who are the wife, son and mother of the deceased Devarajan, had filed a claim petition in M.A.C.T.O.P.No.330 of 2002, on the file of the Motor Accident Claims Tribunal, Special Additional Court, Dharmapuri, claiming a sum of Rs.5,78,000/ - as compensation from the respondents for the death of the said Devarajan in a motor vehicle accident.

(3.) THE first respondent, who is the owner of the tractor, had filed a counter affidavit and admitted that the deceased had driven the tractor bearing registration No.TN29 3810, on 02.03.2001. Further, it was submitted that when the vehicle was proceeding from Chinnavathalapuram towards Patchiannan's land, the tractor toppled down and the deceased Devarajan was caught under the vehicle and died on the spot. The deceased was paid a sum of Rs.4,500/ - per month as salary, besides daily batta and he was having a valid driving license. The vehicle was insured with the second respondent Insurance Company.