N MAHALAKSHMI Vs. R SUNDARARAJULU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants/claimants, challenging the judgment and decree dated 16.11.2010 made in M.C.O.P.No.4487 of 2008 on the file of Motor Accident Claims Tribunal, Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the petitioners is that on 08.11.2008 at about 15.30 hours, when the deceased Narayanan crossed Kilpauk Garden Road, near the junction of Big Street, the car bearing Reg.No.TN-10-K-0848 came from west to east in high speed and dashed against the deceased, resulting in the deceased sustaining severe head injury and other multiple injuries and succumbed to it as inpatient after 4 days in the Hospital. It is averred in the claim petition that the driver of the 1st respondent car alone is responsible for the accident. At the time of the accident, the deceased was aged 29 years and was working as Security Guard and selling Vegetables in Hardcart at Kilpauk, Chennai, and earned Rs.6500/- to Rs.7000/- per month. The Petitioners, who are the wife, children and parents of the deceased Narayanan were said to be dependants. Thus, the Petitioners sought compensation of Rs.14,00,000/- from the respondents, who are the owner and insurer of the offending vehicle involved in the accident.

(3.) On the other hand, opposing the Petition, the 1st respondent/owner filed his counter contending that the claim made by the Petitioners that there is negligence on the part of the car driver is not correct and only the deceased who was under the influence of alcohol, crossed the road without seeing the upcoming vehicle and the accident occurred and it is only due to the negligence of the deceased. It is stated that the car was properly insured and the driver was having valid driving licence at the time of the accident. Thus, the 1st respondent sought dismissal of the claim Petition.