SUSEELA AND ORS Vs. M KUMARAN AND ORS

JUDGEMENT

(1.) The appellants / claimants have preferred the present appeal against the judgment and decree dated 22.02.2007, made in M.C.O.P.No.81 of 2006, on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Court, Fast Track Court, Vellore.

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

(3.) It was submitted that on 08.04.2005, at about 02.30 p.m., when the deceased Dayalan was proceeding in the first respondent's auto bearing registration No.TN23 AZ3263, along with his goods, from Arcot to Kavanoor and when it was near Thazhanurchattiram, the driver of the auto drove it at a high speed and in a rash and negligent manner and due to which it capsized. As a result, the deceased Dayalan had sustained grievous injuries and died on the spot. Prior to the accident, the deceased was working as a coolie and earning Rs.5,000/- per month. Hence, the claimants had filed the claim petition against the respondents, who are the owner and insurer of the auto bearing registration No.TN23 AZ3263.