MAGESWARI Vs. S.BHARATHI

JUDGEMENT

(1.) This appeal has been filed by the claimants challenging the contributory negligence fixed on the deceased and also seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Chennai (in the II Court of Small Causes, Chennai) in M.A.C.T.O.P.No.1477 of 2022 by the award dtd. 29/1/2024.

(2.) It is the case of the appellants/claimants that they are the dependents of the deceased Srinivasan, who died in the accident that took place on 20/3/2022 at about 12.10 hours. According to the claimants, the deceased was riding a motorcycle bearing Registration No.TN 06 AA 6530 on Adyar Club Gate road from north to south and when he turned towards east to Boat Club first Avenue Road, a lorry bearing Registration No.TN 02 3699 came in a rash and negligent manner and hit against the deceased due to which the deceased sustained multiple injuries and died on the same day. Claiming that driver of the lorry alone is responsible for the accident and the 1st respondent being the owner and the 2nd respondent being the insurer alone are liable to pay the compensation, the claimants filed the above claim petition.

(3.) The second respondent Insurance Company resisted the claim on the ground that the accident had occurred only due to the negligence on the part of the deceased himself and that apart, the deceased was not having valid driving licence as on the date of the accident and hence, the second respondent is not liable to pay the compensation.