BRANCH MANAGER Vs. MARIYAYEE

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree award and decree dated 27.07.2011 made in M.C.O.P.No.981 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Court, Pudukkottai.

(2.) It is a case of fatal accident, which took place on 29.05.2008 at about 2.00 p.m. The case of the claimants before the Tribunal is that on the date of accident, when the deceased by name Rajesh was travelling in a tractor sitting adjacent to the driver bearing Registration No.TN 55 M 0063, the driver of the tractor drove the vehicle in a rash and negligent manner by which, the deceased had fallen off from the tractor and caused the accident and in the said accident, the said Rajesh sustained grievous injuries and thereafter, while he was taking to the hospital, he died on the way.

(3.) The claimants filed an application in M.C.O.P.No.981 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions court and Special Court, Pudukkottai seeking compensation.