SIVAGAMI Vs. UMADEVI

JUDGEMENT

(1.) The Appellants herein filed a Claim Petition in M.C.O.P. No.110 of 2015 before the Motor Accident Claims Tribunal/Special District Judge, Villupuram, against the Respondents. The Tribunal has dismissed the Claim Petition. Challenging the same, the Appellants/Claimants have filed the present Appeal before this Court.

(2.) The case of the Appellants/Claimants is that, the First Petitioner/First Claimant is the Wife of the deceased Rajiv Gandhi; the Second & Third Petitioners/2nd & 3rd Claimants are the Minor Daughters of the deceased Rajiv Gandhi; and the Fourth & Fifth Petitioners/4th & 5th Claimants are the Father and Mother of the deceased Rajiv Gandhi. On 22/11/2013 at about 11.30 p.m., while the deceased Rajiv Gandhi was travelling in a Goods Lorry vehicle bearing Reg.No.TN-21-L-7788 as a Loadman for loading and unloading Poultry Foods, the Driver of the Lorry drove the Lorry in a rash and negligent manner and dashed against a Tamarind tree on the Sethupattu to Gingee Road near Adhi-Dravidar Student Welfare Hostel at Devanur Village, thereby caused the accident. Due to the accident, the deceased Rajiv Gandhi sustained grievous injuries on his head and vital parts of his body and he died on the spot. A case was registered in Crime No.441 of 2013 on the file of the Valathi Police Station against the Driver of the Lorry. The First Respondent is the Owner of the Lorry. The First Respondent insured the said Lorry with the Second Respondent. As per the Claim Petition, the Insurer of the said Lorry i.e., the Second Respondent is liable to pay the Compensation. At the time of the accident, the deceased Rajiv Gandhi was earning a sum of Rs.20,000.00 per month and he is the sole bread winner of the family. Therefore, the Respondents have to jointly pay the Compensation of Rs.25,00,000.00 to the Claimants.

(3.) The First Respondent remained ex parte before the Tribunal.