RANGASAMY GOUNDER Vs. R. RAJENDRAN

JUDGEMENT

(1.) THE claimants are the appellants.

(2.) THE parents of the deceased Murugan filed the claim petition before the Tribunal for Rs. 4,00,000/- on account of the death of their son due to the injuries sustained by him in the accident on 9.9.1998. The Tribunal, having appreciated the evidence both oral and documentary adduced on either side, came to the conclusion that the deceased died on account of the accident which occurred due to his own rash and negligence in driving the Ambassador car by dashing against the stationed lorry and, therefore, the petition was dismissed.

(3.) IT is peen from the order passed by the Tribunal that the private complaint filed before the Criminal Court after three months from the date of the accident was forwarded, to the police for investigation and registration of a crime and, therefore, Ex. P. 1 cannot advance the case of the appellants in any event. On the contrary, immediately after the accident on 9.9.1998, the First Information Report in Ex. R 1 was registered on the basis of the complaint given by R.W. 1, and, therefore, the earliest document which came into existence vide Ex. R.1, supported by the evidence of R.W. 1, was rightly believed by the Tribunal to come to the conclusion that the accident occurred out of the rash and negligence of the deceased himself.