GOVINDHAN Vs. RAMALINGAM

JUDGEMENT

(1.) Feeling aggrieved by the Award dated July 12, 2017 passed in M.C.O.P. No.186 of 2015 on the file of the 'Motor Accident Claims Tribunal, Special Sub Court, Tiruvannamalai' ['Tribunal' for short] the appellants / claimants therein have preferred this Civil Miscellaneous Appeal.

(2.) For the sake of convenience, the parties will hereinafter be referred to as per their rank in the Motor Claim Original Petition. Petitioners' case :

(3.) The case of the petitioners is that on May 8, 2013 at about 11.30 a.m., the deceased - Sarasu, travelled in a Tractor bearing Registration No. TCF-4337 attached with Trailer bearing Registration No.TN-32-S-2601, and alighted from the same at Thideerkuppam Village. But, before she moved away from the aforesaid Tractor, its driver moved it in a rash and negligent manner and dashed against the deceased - Sarasu. Due to this, the deceased sustained fatal injuries and died on the spot. The first petitioner is the husband of the deceased, the petitioners 2 and 3 are her Minor sons, the petitioners 4 and 5 are her parents-in- law. The accident occurred due to the negligence on the part of owner cum driver of first respondent. At the time of accident, his vehicle was insured with the second respondent. Hence, the petitioners filed the claim petition seeking compensation of Rs.10,00,000.00 (Rupees Ten Lakhs Only) against the respondents. First Respondent's Case :