POORANI Vs. K GOVINDARAJU

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Judgment and decree dated dated 11.10.2013 made in MCOP.No.226 of 2012 on the file of the Motor Accident Claims Tribunal/4th Additional District Judge, Bhavani, Erode District.

(2.) For sake of convenience, the parties will hereinafter be referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 24.06.2012 at about 4.30 p.m., when the deceased Raghu was driving his TVS XL bearing Registration No.TN-36-M-0811, in Sathi - Athani Main Road, near Sigamani Barber shop, from west to east, on the extreme left side of the road, a Maruthi Car bearing Registration No.TN-23-F-0555, driven at high speed in a rash and negligent manner by the driver came from behind and dashed against the deceased resulting in the victim suffering grievous injuries all over the body. Immediately, the victim was taken to Government Hospital, Sathiyamangalam and thereafter admitted in a private hospital, Coimbatore, where inspite of best treatment given, the victim died. The driver of the first respondent vehicle alone is responsible for the accident. At the time of the accident, the deceased Raghu was aged about 35 years and he was doing agriculture and running rice mill business, earning not less than Rs.10,000/- per month. The first and second petitioners are wife and minor son, while third and fourth petitioners are parents of the deceased Raghu. All the petitioners were depending on the earnings of the deceased and due to the death of said Raghu, the petitioners have lost the only bread winning member of the family. Hence, the petitioners seek compensation of Rs.20,00,000/- from the respondents who are the owner and insurer of the offending vehicle which caused the accident. Hence, the petition.