JAYANTHI Vs. S VADIVELU

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Fair and Decreetal order dated 10.03.2014 made in MCOP.No.4931 of 2012 on the file of the Motor Accident Claims Tribunal/(IV Judge, 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 12.09.2012 at about 20.15 hours, when the deceased was crossing the road at 200 feet Road, near Door No.12/3, Thiruvalluvar Nagar Blue Dart, Kolathur, Chennai, from East to West, the Motor Cycle bearing Registration No.TN-20-AW-0626, owned by the first respondent and insured with the second respondent, came at high speed, driven in a rash and negligent manner and dashed against the deceased, who suffered multiple injuries and died on the way to Hospital. The petitioners who are daughters and sons of the deceased contend that the negligence of the first respondent vehicle driver alone is responsible for the accident. According to the petitioners, the deceased was aged about 60 years at the time of the accident and she was earning a sum of Rs.500/- per day by doing cooli work. Due to her death, the petitioners lost the income to the family from the deceased and also lost the love and affection of the mother. Thus, the petitioners sought for compensation of Rs.8,00,000/- from the respondents.