MYTHILI Vs. A LAKSHMI

JUDGEMENT

(1.) Impugning the decree and judgment dated 13.12.2017 passed in M.A.C.T.O.P.No.4655 of 2015 by the Motor Accidents Claims Tribunal, Special Sub Judge I, Small Causes Court, Chennai, the present appeal is filed by the claimants.

(2.) The facts in a nutshell are as under: The appellants are the claimants. The first appellant is the wife of the deceased. Appellants 2 to 4 are children of the deceased. The fifth appellant is the mother of the deceased. On 28.4.2015, at about 8.45 PM, while one Sankar (deceased) was riding the motorcycle bearing registration No.TN-21-S-8857 at the left side of Kelambakkam Vandalur Salai, near Kannapuram Kattu Paguthi, Kanchipuram District, an Innova Car bearing registration No.TN-11-K-3333 driven by its driver, drove in a rash and negligent manner and hit the motorcycle. Due to the said accident, Sankar sustained severe head injury and multiple grievous injuries and after the accident, he was taken to the Government Medical College Hospital, Chengalpattu, where the doctor declared that the injured died due to multiple injuries.

(3.) The claim petition was filed claiming a sum of Rs.25,00,000/- as compensation pleading that the first respondent, who is the owner of the vehicle, and the second respondent, who is the insurer of the vehicle, both are vicariously and statutorily liable to pay compensation to the appellants.