S. SURUMBAYEE Vs. P. RAVICHANDRAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the judgment and decree made in M.C.O.P. No.241 of 2011, on the file of the Motor Accident Claims Tribunal, (Subordinate Court), Kulithalai, dated 24.01.2014.

(2.) The brief facts of the case are as follows: It is a case of fatal accident took place on 03.03.2011 at about 05.00 p.m. at Tharakampatti - Palaviduthi road. While the deceased was riding his bicycle, a lorry bearing Registration No.TN-28-F-4411 came in a rash and negligent manner and dashed against the deceased, due to which, the deceased sustained severe injuries and he was admitted in the Government Hospital, Karur. However, he succumbed to his injuries. At the time of accident, the deceased was aged about 38 years old and he was earning a sum of Rs. 6,000/-p.m., by working as a Watchman. The claimant is the mother of the deceased and she filed a claim petition in M.C.O.P. No.241 of 2011 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Kulithalai, claiming a sum of Rs. 5,00,000/- as compensation.

(3.) In the counter affidavit filed by the second respondent/Insurance Company before the Tribunal, it denied the age and income of the deceased and it also denied the manner in which the accident had occurred.