MARIYAMMAL Vs. J.CORNALIUS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellants/claimants against the dismissal of the claim petition filed by them towards compensation for the death of the husband of the first appellant/first claimant, namely, M.Palani, aged 39 years, a coolie, earning about Rs. 5,000.00 (Rupees Five Thousand only) per month in the accident occurred on 26.09.2007.

(2.) The deceased Palani was riding his motorcycle on return from his work and at that time, a lorry loaded with iron rods was parked without any parking signal or danger lights and due to the absence of any parking signal or danger lights, the deceased could not notice the parked lorry and dashed against the lorry. He was taken to the hospital wherein he succumbed to the injuries. Therefore, the claim petition.

(3.) On contest, the Tribunal found that the deceased alone was responsible for the accident and dismissed the claim petition. The said dismissal order is being challenged before this Court.