MAHENDIRAN Vs. DIVISIONAL MANAGER, DIVISIONAL OFFICE

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Claimants against the Judgment and Decree made in M.C.O.P. No.809 of 2005, dtd. 21/12/2010 on the file of the District Judge, Motor Accident Claims Tribunal, Tiruvannamalai, wherein the Tribunal has dismissed the Claim Petition.

(2.) For the sake of convenience, the parties are referred herein according to their litigative status before the Tribunal.

(3.) On 21/2/2005 at about 2:00 a.m., the deceased Lakshmi was travelling as a Pillion Rider along with one Siva, who driven a Hero Honda Motorcycle bearing Registration No.TN-W-1408, which belongs to the First Claimant on Vandavasi to Tiruvannamalai Road, while they reached near Elangadu Junction Road, a TVS 50 Motorcycle ridden by its Rider in rash and negligent manner, hit on the Two-wheeler and caused accident. In the accident, the deceased Lakshmi was thrown out from the Motorcycle and thereby sustained grievous injuries. The deceased was immediately taken to Govenment Hospital, Vandavasi where she was referred to Government Hospital, Chennai but the Claimant was rushed to Sri Ramachandira Medical College Hospital, Porur, Chennai, where she succumbed to the grievous injuries. Due to loss of deceased Lakshmi, the Claimants, who are the Legal Heirs of the deceased has come forward with a Claim Petition seeking Compensation for a sum of Rs.10,00,000.00 under Sec. 166 of the Motor Vehicles Act, 1988 against the Owner and Insurer of the Two-wheeler in which she has travelled as Pillion Rider.