KASIMAYAN Vs. D.TAMILRAJA

JUDGEMENT

(1.) The instant appeal has been filed by the claimants challenging the award of the Motor Accident Claims Tribunal wherein a compensation of Rs.50,000.00 has been awarded under Sec. 140 of the Motor Vehicle Act on the ground that the deceased himself was responsible for the accident.

(2.) As per claim petition filed by the parents, the deceased had left the home on 1/8/2013 at about 3.30 p.m to reach the working place. While he was walking from South to North direction in Thirunagar to Vilachery Kalankarai Road, a water supply tractor owned by the first respondent came from behind in a rash and negligent manner and dashed against the deceased. In the said accident, the tractor tyres ran over the deceased and he succumbed to multiple injuries on 2/8/2013. According to the claimants, the deceased was working as a delivery boy to supply water Cans and he was earning a sum of Rs.4800.00 per month. The claimants have prayed for a sum of Rs.20.00 lakhs as compensation.

(3.) The respondent had filed a counter contending that the deceased was a mentally retarded person having 50% disability and he was unfit for doing any job. The respondent had further contended that unexpectedly the deceased plunged under rear wheel on the left side of the tractor as he was moving in the road without any guide or security of his parents. Therefore, there was no negligence on the part of the driver of the tractor.