KALIYAPERUMAL Vs. ASSOCIATED TRANSPORT COMPANY, ROYAPURAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants/Petitioners, challenging the judgment and decree dated 15.09.2003 passed in M.C.O.P.No.170 of 2000 on the file of Motor Accidents Claims Tribunal, District Judge Court, at Perambalur.

(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 13.06.1997, at about 7.15 a.m., while the deceased Devi was going in a bicycle on the left side of Alappakkam road, near Suruthi Tea Shop, Alappakkam, the Lorry bearing Reg.No.TMR-2529 came in the opposite direction at high speed, dashed against the bicycle in which the deceased was riding causing her fatal injuries resulting in her death subsequently. The accident occurred only due to rash and negligent driving of the 1st respondent vehicle driver. The same was insured with the 2nd respondent. The Petitioners who are the parents of the deceased have come forward with the petition seeking a sum of Rs.7,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 3rd respondent/husband of the deceased contended that the petitioners are not the legal heirs or dependants of the deceased and as such, the petition claim is not maintainable. The marriage between the deceased and the 3rd respondent took place on 22.10.1997 and till her death, she was living with the 3rd respondent husband only. The accident occurred due to rash and negligent driving of the 1st respondent vehicle driver only. The 3rd respondent already filed M.C.O.P.No.227 of 1997 on the file of Sub Court, Poonamallee. Thus, the 3rd respondent sought for dismissal of the claim petition filed by the Parents of the deceased Devi.