J UMA Vs. C BAMA

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Special District Judge), Villupuram in M.C.O.P.No.187 of 2013, the claimants have filed the present appeal.

(2.) Brief facts are that on 07.02.2012, at about 3.30 hours, when the deceased, who was employed as a driver under the third respondent, was proceeding from Gingee to Chennai in a car bearing Registration No.TN-09-BF-5932, belonging to the third respondent, the first respondent's tanker lorry bearing Registration No.TN-04-Q-5185 came on the opposite direction in a rash and negligent manner and in a high speed and hit the car near Vazhkkamparai and due to which, the deceased sustained fatal injuries and died on the spot. The fourth respondent is the insurer of the car. The deceased was aged 28 years at the time of accident and he was working as driver and earning Rs.10,000/- per month. Alleging that the accident was due to the rash and negligent driving of the driver of the tanker lorry and that the first respondent, being the owner of the lorry and the second respondent, being the insurer of the said lorry are liable to pay compensation, the claimants, who are the parents and brother of the deceased have filed claim petition, claiming compensation of Rs.25 lakhs.

(3.) The second respondent insurance company has filed the counter affidavit denying the manner of accident, age, avocation and income of the deceased and also the dependency of the claimants. The insurance company also raised the contention that the accident might have occurred only by the contributory negligence of the deceased and hence the third respondent, being the owner of the car and the fourth respondent, being the insurer of the car, are also liable to pay compensation, as both vehicles collided each other.