SAMUVEL AND OTHER Vs. S. KOIL THANGAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the fair and decreetal order, dated 21.02.2012, made in M.C.O.P. No.111 of 2009, on the file of the Motor Accident Claims Tribunal, (Sub Court), Valliyoor.

(2.) The respondents 1 and 2, who are the claimants and L.Rs., of the deceased one Balammal, filed the claim petition in M.C.O.P. No.111 of 2009, on the file of the Motor Accident Claims Tribunal, (Sub Court), Valliyoor, claiming restricted compensation of Rs. 9,00,000/-, for the death of one Balammal in a motor accident that took place on 05.01.2009, under Sections 140 and 166 of the Motor Vehicles Act. The 3rd respondent herein is the owner of the vehicle, bearing Registration No.TN-74-K-8449 and the appellant herein is the insurer of the said vehicle and both are arrayed as 1st and 2nd respondents respectively in the said claim petition.

(3.) The case of the claimant is that while the said Balammal was standing on the southern side corner of the road in front of a ration shop at about 4.30 p.m., on 05.01.2009, the 1st respondent's vehicle, bearing Registration No.TN-74-K-8449, came at high speed, without sounding horn, dashed against the said Balammal, who died on the spot itself because of the grievous injuries and such accident was caused by the driver of the said vehicle, due to his driving in a rash and negligent manner and both the vehicle owner and the insurer are liable to pay compensation.