COMMISSIONER OF POLICE Vs. KAMALAVENI

JUDGEMENT

(1.) THE Award of the Motor Accidents Claims Tribunal (Fast Track Court No.2), Poonamallee made in M.C.O.P.No.952 of 2007, dated 29.04.2011 is called in question in this Civil Miscellaneous Appeal filed by the appellant -Commissioner of Police, Egmore, Chennai, on the sole ground that the victim -respondent -claimant drove the vehicle in question under the influence of alcohol at the time of accident, and therefore, the liability and negligence may not be fixed against the appellant.

(2.) THE Tribunal, after considering oral and documentary evidence, as against the claim of the respondent/claimant for Rs.15 lakhs, awarded a sum of Rs.14,64,576/ - with interest at the rate of 7.5% per annum from 12.11.2007 till the date of payment by the appellant.

(3.) THE respondent/claimant filed the Claim Petition before the Tribunal stating as follows: On 30.09.2006 at about 10.30 p.m., when the deceased Karthikeyan, who was the son of the claimant, was riding motor cycle bearing Registration No.TN -05 -K -0034 on the Ambattur Estate Road from East to West, a Tata Car bearing Registration No.TN -01 -G -2184, driven by its driver in a rash and negligent manner, endangering the public safety, came at a dangerous speed from the same direction and dashed against the motor cycle of the deceased from backside and caused the fatal accident. Hence, the appellant being the owner of the vehicle, is liable to pay the compensation and accordingly, the respondent/claimant claimed a total compensation of Rs.15 lakhs from the appellant.