VINITHA Vs. VICTOR DOSS

JUDGEMENT

(1.) Feeling aggrieved by the dismissal of the claim petition against respondents 1 and 2 herein, as well as by the quantum of compensation awarded, vide Award dated November 18, 2022 passed in M.C.O.P. No.279 of 2018 on the file of the 'III Additional Sessions Court, Vellore @ Tirupattur' ['Tribunal' for short], the appellants / petitioners 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.

(3.) The case of the claimants is that on May 16, 2016 at about 3.00 p.m., the deceased - Saravanan was standing near his motor cycle bearing Registration No.TN-23-BM-7278 on the roadside of the service road to the Vaniyambadi to Ambur Main Road near IELC School. At that time, a car bearing Registration No.TN-23-BT-9706 belonging to first respondent, driven in a rash and negligent manner, dashed against the deceased - Saravanan. Due to the impact, the said Saravanan suffered grievous injuries and died on the spot. Further, after the first respondent's car hit the deceased, another car bearing Registration No.TN-23-AC-9905 belonging to third respondent dashed the backside of the first respondent's car. The deceased died only due to the rash and negligent driving of the driver of the car bearing registration No. TN-23-BT-9706. At the time of accident, the deceased was earning more than a sum of Rs.15,000.00 per month as an employee of Mohib Shoes Company. At the time of accident, the first respondent's vehicle was insured with the second respondent. Hence, the claimants filed the claim petition seeking compensation of Rs.50,00,000.00 (Rupees Fifty Lakhs only) from respondents 1 and 2.