S.AYSWARYA Vs. M.BALASUBRAMANIAN

JUDGEMENT

(1.) The claimants before the Motor Accident Claims Tribunal, Chennai, have preferred the present appeal being aggrieved by the dismissal of their claim petition.

(2.) According to the appellants, their daughter, the deceased Shruthi Lavanya, aged about 21 years, had completed her B.Tech and was pursuing M.Sc course. On 9/11/2015 while she was travelling on the pillion in a two wheeler bearing Registration No.TN 72 AK 2094. Thathianmoorthi, the two wheeler rider attempted to overtake a lorry bearing Registration No.KL 11 5349 and dashed the rear of the lorry. As a result, both the rider and Shruthi Lavanya were thrown off the vehicle. While Thathianmoorthi sustained minor injuries, Shruthi Lavanya, the pillion rider, sustained head injuries and was declared dead, when she brought to the hospital.

(3.) The appellants, being the parents of the deceased, filed a claim petition in M.C.O.P.No.6613 of 2016, before the Motor Accident Claims Tribunal(Small Causes Court, Special Sub Judge No.1), Chennai, seeking compensation of Rs.75,00,000.00 for the death of their daughter attributing negligence on the part of the two wheeler rider and vicarious liability on the two wheeler owner (1st respondent) and its insurer (2nd respondent).