JAYANTHI Vs. D. RAMKUMAR

JUDGEMENT

(1.) The Appellants/Claimants, who are the Wife and Children of the deceased Thangaraj, have filed this Appeal against the Award passed by the Motor Accident Claims Tribunal, Principal District Judge, Perambalur, in M.C.O.P. No.47 of 2022, dtd. 27/2/2024.

(2.) The case of the Claimants is that the deceased Thangaraj was travelling as a Pillion Rider in a Two-wheeler on 5/7/2021 at Perambalur - Thuraiyur National Highways. At about 11.00 a.m., when the vehicle was proceeding in front of Kurumabalur Palayam SSS water service, the offending vehicle, a Lorry, which was also proceeding in the same direction, was driven in a rash and negligent manner and it dashed the Two-wheeler, as a result of which the deceased was thrown out of the vehicle and he sustained fatal injuries and he died on the spot. A First Information Report came to the registered against the Driver of the offending vehicle in Crime No.1101 of 2021. It is under these circumstances, the Claim Petition came to be filed before the Tribunal seeking Compensation.

(3.) The Tribunal, on considering the facts and circumstances of the case and on appreciation of Oral and Documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the Driver of the offending vehicle as well as the Rider of the Two-wheeler, in which the deceased was travelling as a Pillion Rider. Accordingly, the Tribunal fixed 70% negligence on the Driver of the offending vehicle and 30% negligence on the Rider of the Two wheeler. Having rendered such a finding, the Tribunal proceeded to fix the total Compensation at Rs.21,86,464.00 under various heads as follows: