SHANTHI Vs. SANKAR

JUDGEMENT

(1.) The petitioners/claimants have filed this appeal against the order dated 23.08.2010 made in M.C.O.P.No.3 of 2009 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Chengalput.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioners/claimants is that on 29.02.2008, at about 7.00 a.m., while the deceased Janarathinam was proceeding in his bicycle in Chengalpattu to kanchipuram road, while coming near new modern rice mill, the 1st respondent lorry bearing Registration No.TN-20-AU-6059, which was insured with the 2nd respondent came at high speed dashed against the cyclist, causing him fatal injuries, resulting in his death on the spot. The accident occurred only due to negligence of the 1st respondent vehicle driver. The petitioners/claimants who are the wife, children and mother of the deceased contends that on the date of accident, the deceased was aged 45 years and by working as a mason was earning Rs.10,000/- per month. Due to his sudden death, the petitioners/claimants are suffering from loss of love and affection as well as mandatory contribution to the family by the deceased. Thus, the petitioners/claimants seek a sum of Rs.6,00,000/- as compensation from the respondents.