BEULA JULIET Vs. K VELU

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Fair and Decreetal order dated 22.02.2013 made in MCOP.No.729 of 2009 on the file of the Motor Accident Claims Tribunal/(Chief Small Causes Court), 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 20.02.2009 at about 20.10 hours, when the deceased was riding his motor cycle bearing Registration No.TN-10-J-9303, in Poonamallee Avadi Road, proceeding from South to North, near Vasantham Nagar, the Autorickshaw bearing Registration No.TN-22-AK-6018, came in the same direction at high speed and dashed against the motor cycle, in which, the deceased was traveling. Consequently, the deceased fell down and sustained multiple grievous injuries and died on the spot. Thus, the driver of the first respondent Autorickshaw alone is responsible for the accident and as the insurer, the second respondent is liable to pay the compensation. The petitioners further stated that the deceased was aged about 25 years at the time of accident and he was engaged as attender in room service in a Star Hotel, Chennai, earning a sum of Rs.10,000/- per month. Due to the death of the deceased, the petitioners have lost the contribution of the family from the deceased and therefore they claims a sum of Rs.20,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.