LAWS(MAD)-2007-8-245

JAYAMANI Vs. B RADHAKRISHNAN

Decided On August 18, 2007
MINOR KANNAN Appellant
V/S
UNITED INDIA INSURANCE CO.LTD. Respondents

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the claimants against the Judgment and Award dated 13. 12. 1994 made in MACTOP No. 343/91 on the file of the Motor Accidents claims Tribunal, Sub-Court, Namakkal.

(2.) THE background facts in a nutshell are as follows: the claimants are the wife, mother and the son of the deceased. The first respondent is the owner of the car and he was set exparte. The second respondent is the Insurance company. It was stated in the Claim Petition that the deceased Ramasamy was 32 years of age at the time of accident. On 05. 04. 1991 at about 8. 00 p. m. , while the deceased Ramasamy was getting into the well with the help of a rope to clean the oil engine, suddenly slipped and fell down as a result of which he sustained injuries all over the body. Then he was taken from the well and was put up in a taxi bearing Registration No. TNX 1629 and was taken to the namakkal Hospital. On the way to the hospital the said Taxi dashed against the Electric Post due to which the injured ramasamy died on the spot. Hence the legal heirs of the deceased Ramasamy claimed a sum of Rs. 1,00,000/- before the tribunal. On the side of the appellants, Ex. P1 to Ex. P3 were marked and P. W. 1 was examined. No documents produced or no exhibits marked on the side of the Insurance Company. After considering the oral and documentary evidences, the tribunal came to the conclusion that the claimants were unable to prove the negligence as well as there was no proof that the deceased was died only due to the road accident, and dismissed the claim petition. Hence the present appeal by the claimants.

(3.) LEARNED counsel appearing for the claimants submitted that the deceased died only due to the rash and negligent driving of the taxi driver and the Tribunal is wrong in not believing the oral evidence of P. W. 1. , the wife of the deceased. It is further submitted that there is no dispute regarding the admitted car accident and hence the claimants are entitled to the compensation.