P. RANI Vs. SATHYA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the Award, dated June 30, 2022 made in M.C.O.P. No.98 of 2019 on the file of Motor Vehicle Accident Claims Tribunal/I Additional District and Sessions Judge (FAC), Cuddalore [henceforth 'Tribunal' for brevity].

(2.) The Appellants herein are the Petitioners before the Tribunal. The Petitioners filed Claim Petition against the Respondents seeking Compensation for the death caused by the First Respondent's Driver to one Babu S/o. Pachayappan, who is the son of the First Petitioner and brother of the Second & Third Petitioners.

(3.) The case of the Petitioners is that on September 14, 2018 at about 03.00 hours, the First Petitioner's son namely Babu was travelling as a Loadman in the First Respondent's Eicher Goods Vehicle bearing Registation No.TN-31 BA-2975 from West to East direction, along Cuddalore to Vridhachalam Main Road. While nearing Araskuzhi Eicher Lorry Stop, the Driver of the First Respondent's Lorry was speeding and driving in a rash and negligent manner. As a result, he collided the Eicher Goods Vehicle with the 3rd Respondent's Multi Axle Goods Vehicle bearing Registration No.TN-28-BA-9751, which was coming from the opposite direction. As a result, the Eicher Goods Vehicle capsized, causing the deceased to sustain fatal injuries and die on the spot. Another Loadman, Palanisamy also passed away. The deceased-Babu was the sole bread winner of his family and he spent his entire income for the welfare of the Petitioners. The 1st & 2nd Respondents are the Owner and the Insurer of the Eicher Goods vehicle respectively. The 3rd & 4th Respondents are the Owner and the Insurer of the Multi Axle Goods vehicle respectively. Both the Respondents are jointly and severally liable to pay Compensation to the Petitioners. Petitioners filed a Claim Petition before the Tribunal seeking a Compensation of a sum of Rs.35,00,000.00 (Thirty Five Lakhs only) for the death of Babu. 2nd Respondent's case: