SANGEETHA Vs. K. MURUGAN

JUDGEMENT

(1.) The Appellant is the Claimant in M.C.O.P. No.156/2021 and M.C.O.P. No.157/2021 on the file of the Motor Accident Claims Tribunal No.1, Tiruvallur. She filed the Claim Petitions under Sec. 166 of the Motor Vehicles Act & Rule 3 of M.A.C.T. Rules, seeking Compensation of Rs.20,00,000.00 each, for the death of her children viz., Minor.Kanishka @ Kanishka Shriand, aged 6 years and Minor Tharun, aged 3 years respectively, in a road accident that occurred on 16/3/2021.

(2.) The brief case of the Appellant/Claimant is as follows: On 16/3/2021, Minor. Kanishka @ Kanishka Shriand, (deceased) aged 6 years and Minor Tharun, aged 3 years (deceased) were travelling as Pillion Riders in a Two-wheeler bearing Registration Number TN-21-AU-1227 on Tiruvallur - Kadambattur main road. When they were nearing Tirupachur, a speeding lorry bearing Registration Number TN-21-AU-0072 came in the opposite direction and hit the Two-wheeler, as a result of which, both the children fell down and died on spot.

(3.) According to the Claimant, the rash and negligent driving of the Driver of the Lorry bearing Registration Number TN-21-AU-0072 was the cause of the accident and that since the said vehicle was insured with the second respondent, the Reliance General Insurance Company Limited, the owner and the insurer are jointly and severally liable to pay compensation to her.