LAKSHMI Vs. S RAVINDRAN

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Fair and decreetal order dated 15.12.2012 made in MCOP.No.2158 of 2011 on the file of the Motor Accident Claims Tribunal/Court of Small Causes), Chennai.

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

(3.) The case of the petitioners is that on 20.05.2011 at about 12.30 hours, while the deceased was riding his TVS Moped bearing Registration No.TN-48-A-1957 from south to north on the eastern side of the Chennai - Madurai NH, near Anaikkal Cross Road, Kovilpatti, Manaparai Taluk, a Car bearing Registration No.TN-58-T-2887 owned by the first respondent and insured with the second respondent came from behind at very high speed and driven in a rash and negligent manner dashed against the TVS Moped and draged the deceased to some distance resulting in major head injuries to him. Consequently, the deceased Swamikannu Konar died on the same day itself in Government Hospital, Tiruchy. The petitioners, who are the wife and children of the deceased contends that the accident occurred only due to the negligence of the first respondent's car driver and as the owner and insurer of the vehicle, the respondents are liable to pay compensation to them. Further, the petitioners also avered that the deceased worked as agriculturist and also by doing mason work at Chennai earned a monthly income of Rs.10,000/- to Rs.12,000/-. Thus, the petitioners sought for compensation of Rs.27,00,000/- from the respondents.