NEW INDIA ASSURANCE CO. LTD. Vs. MANJULA

JUDGEMENT

(1.) THIS civil miscellaneous appeal is directed against the judgment and decree dated 13.11.2007, passed in M.C.O.P.No.301 of 2007 by the Motor Accident Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.II), Pattukkottai.

(2.) BEFORE the Tribunal, the appellant is the 2nd respondent, respondents 1 to 5 are the claimants and 6th respondent is the 1st respondent.

(3.) THE case of the petitioners briefly is as follows: The petitioners are the daughters of the deceased, Vaithilingam. On the fateful day, i.e. on 29.5.2005 at about 7.00 a.m., when the deceased Vaithilingam was riding his cycle in ThanjavurPattukottai Main Road from North to South on the left side of the road, at that time the 1st respondent's Mini Lorry bearing registration number TN -59 -W -5969 was driven by its driver in a rash and negligent manner and dashed against the said Vaithilingam. Due to the accident Vaithilingam sustained grievous injuries. He was taken to Tanajore Medical College Hospital for treatment and he succumbed to the injuries on 5.6.2005. A criminal case was registered against the driver of the Tempo in Crime No.262 of 2005 under Sections 279, 337 and 304 -A, I.P.C. on the file of the Orathanadu Police station. The deceased Vaithilingam was getting a sum of Rs.7,200/ - per month as pension and apart from that he cultivated 5 acres of his land and earned a sum of Rs.10,000/ - per year. Due to his sudden demise the petitioners have lost his income. So, the petitioners, who are the daughters of the deceased have filed this petition claiming a compensation of Rs.7,00,000/ - before the Tribunal.