P A ARASUDURAI Vs. R RAVI

JUDGEMENT

(1.) Questioning the findings rendered by the Motor Vehicles Accident Claims Tribunal (Sub-Court) at Gobichettipalayam, in and by award dated 01.03.2012 in M.C.O.P.No.303 of 2007, in deducting the compensation amount for the 90% negligence on the part the driver of the car, in which the deceased Deepak was travelling, the present appeal has been filed by the appellants.

(2.) The appellants herein are the claimants before the Tribunal and they are father, mother and sister of the deceased Deepak. It is the case of the claimants that on 11.12.2014 at about 6.15 am, the said Deepak had travelled along with his friends in a Maruti car bearing Reg.No.TN 37 AT 7929, which was driven by one of his friends viz., one Dr.Santhosh, from Coimbator to Bangalore, on NC47 Road. While the said car was nearing Revathi Spinning Mill at Pallagoundenpalayam, a lorry bearing Reg.No.TN 33 E 2728 owned by the 2nd respondent and insured with the 3rd respondent-Insurance Company, which was proceeding in front of the Maruti car, was suddenly stopped by its driver by applying break, without giving any indication to the vehicle coming behind the lorry; in that process, the Maruti car dashed on the rear side portion of the lorry, as a result of which, the said Deepak died on the spot and three other occupants of the car also died on the spot. It is further case of the claimants that at the time of accident, the said Deepak (deceased) was aged about 25 years and he got an offer of employment at Dubai at the salary of Rs.42,000/- per month and he has also obtained Passport and Visa to go to Dubai and he had to join the job within a week, but unfortunately he died in the accident on 11.12.2004. Hence, the claimants have made a claim for a sum of Rs.25 lakhs as compensation before the Tribunal as against the owner of the lorry and its insurer.

(3.) The case of the claimants was resisted by the Insurance Company by fling a detailed counter, contending that on 11.12.2004 at 6.15 am, the lorry bearing Reg.No.TN-33-E-2728, was driven by its driver at normal speed following the traffic rules. While the said lorry was nearing Revathi Spinning Mill at Pallagounda Palayam, the driver of the lorry saw a Tata Qualis car bearing Reg.No.KL-AD-4699 parked on the left side of the road and at that time a bus came from opposite direction, since the driver of the lorry felt that it would not be possible to maneuver with the limited space available in between the Qualis car parked on the left side of the road and on coming bus, he stopped the lorry by applying break. At that time, Maruti car which was coming behind the lorry at hectic speed without leaving sufficient space hit the lorry on the rear side of the lorry and thus, it got involved in the accident. Therefore, the driver of the lorry cannot be held responsible for the accident. Thus, the Insurance Company sought for dismissal of the claim petition.