MUTHAL Vs. K PERIYANAN

JUDGEMENT

(1.) The Appellants are the Petitioners and fled the above appeal challenging the order and decree dated 27.04.2010 made in M.C.O.P.No.897 of 2005 respectively on the file of Principal District Court, Erode.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a fatal case.The case of the Petitioners is that on 21.06.2005, while the deceased Jagadeeswari was proceeding in Modakkurichi to Ganapathipalayam road, on her way to school at about 8.45 a.m., the 1st respondent Lorry bearing Reg.No.TN-09-C-9799 came in the same direction at high speed, suddenly turned towards left ran over the deceased Jagadeeswari causing her fatal injuries resulting in her death on the spot. According to the Petitioners, the accident occurred only due to negligence of the Lorry driver, who is the first respondent. The said lorry belongs to the 2nd respondent and the same was insured with the 3rd respondent. At the time of the accident, the deceased was aged 11 years and she was studying in 6th Standard. She was a brilliant student and the Petitioners who are the parents of the deceased have lost their loving daughter. Thus, the Petitioners seeks a sum of Rs.3,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 1st respondent and 2nd respondent contends that the Lorry was proceeding in normal speed, but the deceased who was walking on the left side of the road, without noticing the oncoming Lorry, suddenly crossed the road and invited the accident. The claim of the Petitioners in other aspects is denied. The 1st and 2nd respondent sought for dismissal of the Petition.