MINEUDEVI Vs. D SRIRAMULU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Petitioner, challenging the judgment and decree 31.07.2012 passed in M.C.O.P.No.2 of 2009 on the file of Motor Accidents Claims Tribunal, Principal District Judge, Thiruvallur.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a fatal case. The case of the Petitioners is that on 22.12.2008 at about 7.00 p.m, while the deceased V.Chandrasekar was riding his two wheeler bearing Reg.No.TN-20-AK-0928 in Tiruttani to Nagalapuram Road while going near Nemeli River Bridge, a Tractor bearing Reg.No.TN-20-BA-0289 and Trailer bearing Reg.No.TN-20-BA-0304 came in the opposite direction driven in a rash and negligent manner, dashed against the two wheeler in which the deceased was proceeding, causing him fatal injuries, resulting in death on the spot. According to the Petitioners, the accident occurred due to rash and negligent driving by the 1st respondent vehicle driver. The deceased was aged 28 years and he was employed as Constable in BSF, 15th Battalion, Gurgaon District. He was earning Rs.11,000/- per month. The Petitioners, who are the wife, children and parents of the deceased were dependant on his income. Thus, they sought for a sum of Rs.25,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 2nd respondent/Insurance company contends that the accident did not occur due to the negligence of the 1st respondent driver. The offending vehicle viz., a Tractor bearing Reg.No.TN-20-BA-0289 and Trailer bearing Reg.No.TN-20-BA-0304 was not insured with the 2nd respondent. The driver of the said vehicle was not having valid licence. The accident occurred only due to the negligence of the deceased. The age, avocation and income of the deceased is denied. Thus the 2nd respondent sought for dismissal of the claim petition in MCOP.No.2 of 2009.