A EPSY Vs. S SARASU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants/claimants, challenging the judgment and decree dated 10.06.2015 made in M.C.O.P.No.180 of 2014 on the file of Motor Accident Claims Tribunal, Additional District Judge, III, at Poonamallee.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the Petitioners is that on 17.10.2013, at about 11 p.m., as the deceased was driving his two wheeler bearing Reg.No.TN-22-CT-2928 from Perungaluthur to Kolapakkam, on the left side of the Nedungundram road, opposite to Harinarayana Stores, the 1st respondent vehicle bearing Reg.No.TN-57-U-6393 came at high speed, dashed against the two wheeler in which the deceased was proceeding, resulting in his instant death. The Petitioners who are the parents and sister of the deceased contend that the accident occurred only due to the negligence of the 1st respondent lorry driver. Further they claim that the deceased was aged 23 years and was earning Rs.10,000/- per month from his employment in the Private concern at Chennai. Due to the sudden death of the deceased, the Petitioners lost the source of income and seeks a sum of Rs.25,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the petition, by filing counter, the 2nd respondent-Insurance Company contends that the accident did not occur as alleged by the Petitioners. The claim of the Petitioners about the age, avocation and income of the deceased is not true. The driver of the 1st respondent vehicle is not responsible for the accident. The validity of the driving licence possessed by the 1st respondent is disputed. The deceased also contributed to the accident due to his negligent driving. As such, the 2nd respondent disputes the claim of the Petitioners and seeks for dismissal of the petition.