MANONMANI Vs. R RANJITHAM

JUDGEMENT

(1.) This appeal has been preferred against the award passed in M.C.O.P.No.14 of 2001, dated 21.12.2004, on the file of the Motor Accidents Claims Tribunal - Sub Court, Ambasamudiram. The 3rd, 4th and 5th respondents in M.C.O.P.No.14 of 2001 are the appellants herein.

(2.) The deceased Ponnusamy Nadar was working in the Highways Department at the time of the accident and was earning Rs.4,000/- per mensum. After his retirement, he was working as an agricultural labourer. The first claimant is the second wife of the deceased Ponnusamy Nadar and the claimants 2 and 3 are the children of the deceased Ponnusamy Nadar through the second wife/first claimant. The third respondent/first claimant is the first wife of the deceased Ponnusamy Nadar. The respondents 4 and 5 are the children of the deceased Ponnusamy Nadar through the first wife/third respondent/first appellant. On 30.10.2000, at about 10.30 p.m., while the said Ponnusamy Nadar was proceeding from north to south along the Kadayam - Tenkasi Main road, the lorry bearing Registration No.TN-72-Z-5707 belonging to the first respondent, was driven in a rash and negligent manner without observing the traffic rules, dashed against Ponnusamy Nadar, causing instantaneous death to him. The deceased Ponnusamy Nadar was earning Rs.4,500/- per mensum by doing agricultural work. The second wife of Ponnusamy Nadar along with her children were residing with Ponnusamy Nadar till his death and they are the dependants of Ponnusamy Nadar. The claimants have filed the claim petition claiming compensation of Rs.3 lakhs towards compensation for the death of Ponnusamy Nadar.

(3.) The first respondent remained ex-parte. The second respondent in his counter has stated that the claimants are not the dependants of Ponnusamy Nadar. The claimants have to prove that the accident had occurred only due to the rash and negligent driving of the driver of the lorry bearing Registration No.TN-72- Z-5707. On the other hand, the accident had occurred only due to the contributory negligence of Ponnusamy Nadar.