NEW INDIA ASSURANCE COMPANY LIMITED SALEM Vs. SHYAMALA

JUDGEMENT

(1.) THIS appeal is against the order passed by Motor Accidents Claims Tribunal, Salem in M.C.O.P.No.163 of 1983.

(2.) THE petitioner in their petition contend as follows: THE first petitioner is the wife and the petitioners 2 to 9 are the children of the deceased Seethapathy who was employed in the Tamil Nadu Electricity Board, Mettur Electricity System as a Foreman on a salary of Rs. 1,103.20 per month. On 2.11.1982 at about 9.30 a.m., Seethapathy was proceeding from Athur to Kattukottai on his cycle in the Salem-Cuddalore Main Road, Taxi bearing registration No. M.D.G. 1990 and driven in a rash and negligent manner dashed against him from behind as a result of which, he sustained injuries and succumbed to the injuries on the spot. THE respondents 1 and 2 are the owner and the insurer of the taxi. Deceased was aged 52 years at the time of his death. THE petitioners make a claim for Rs. 1 lakh.

(3.) THE respondents 3 and 4 in their counter contended that the accident was due to the negligence on the part of the deceased and therefore they are not liable.