KANAGAMMA Vs. REVATHI

JUDGEMENT

(1.) THIS appeal is filed by the claimants challenging the award of the Motor Accidents Claims Tribunal (hereinafter referred to as "tribunal"), made in MACT. O. P. No. 2 of 1996, dated 16. 10. 1997.

(2.) THE claimants are the wife and minor daughter. The claim petition was filed under Sections 166 and 163-A of the Motor Vehicles Act (hereinafter referred to as the "act"), read with Rule 3 of the M. A. C. T. Rules (hereinafter referred to as the "rules"), claiming a compensation of Rs. 3,29,500/- for the loss of life of the first claimant's husband, who died due to the motor accident.

(3.) IT is the case of the claim that the deceased Sukumaran was aged about 46 years working as a Serang Grade II under the Works Manager, Mechanical Department, Furnishing Division, Integral Coach Factory, Madras-38 and was getting a monthly salary of Rs. 3,725/- at the time of death. It is contended in the claim that on 25. 04. 1995, at about 8. 30 a. m. , when the deceased was riding the motor cycle bearing Registration No. TN-02-7816 and proceeding from east to west, very close to the left side of the New Avadi Road, opposite to I. C. F. , Furnishing Division Bus Stop, the driver of the lorry bearing Registration No. TN-01-C-1971 drove the vehicle in a rash and negligent manner and suddenly came on the extreme wrong side and dashed against the motor cycle and thereby, the accident took place, which resulted in death of the rider of the motor cycle, Viz. , Sukumaran. The deceased Sukumaran died on the spot and also damages were caused to his motor cycle. For the death of the deceased Sukumaran, the claimants filed claim petition for an award of compensation of Rs. 3,29,500/- against the respondents and both the respondents herein are vicariously and statutorily liable to pay the compensation to the claimants.