M. TAMILSELVI Vs. K. KANDASAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decreetal order made in MCOP No.56 of 2006, dated 25.10.2010, by the Motor Accident Claims Tribunal ( Sub Court), Kulithalai.

(2.) The appellants herein are the claimants, filed a claim petition in M.C.O.P.No.56 of 2006, on the file of the Motor Accident Claims Tribunal, Sub Court, Kulithalai, claiming compensation of Rs.20,00,000/-, for the death of Mohanasundaram, in a fatal accident, happened on 14.11.2008, at about 8.30 Hrs., while he was travelling in the front seat of the car Mahindra Logan, bearing Registration No.TN-39-AP-3838, driven by its driver from south to north along Dharapuram - Tiruppur Road, passing Sri Devi Matriculation School at Velampatti, a TVS 50 XL Moped, bearing Registration No.TN-45-S-8021, which was going in front of the car, suddenly try to turn right side of the road, without any indication, the driver of the car slammed on the breaks to stop the car, but the car hit the moped due to the speed and the victim / deceased sustained grievous injuries and he died on the way to hospital.

(3.) The first respondent herein is the owner-cum-driver of the Mahindran Logan Car, bearing Registration No.TN-39-AP-3838 and drove the said car on the date of occurrence. The 2nd respondent herein is the Insurer of the said car. The 3rd respondent herein is the owner of the said two wheeler viz., TVS 50 Moped, bearing Registration No.TN-45-S-8021 and the 4th respondent herein is the Insurer of the said TVS 50 XL Moped vehicle. The 3rd respondent was set ex-parte before the Tribunal. The respondents 1, 2 and 4 contested the claim petition by filing counter statement separately.