R SIVAGAMI Vs. D SRINIVASAN

JUDGEMENT

(1.) The petitioners/appellants have filed this appeal against the order and decree dated 02.11.2011 and made in M.C.O.P.No.309 of 2010 on the file of the Motor Accident Claims Tribunal, Fast Track Court No.1, Additional District and Sessions Judge, Poonamallee.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioners is that on 16.02.2010 at about 08.15 hours, while the deceased Raja was riding his two wheeler bearing Registration No.TN-02-AA-6568 in Poonamalle high road and waiting for traffic signal near Indian Oil Petrol Bank signal near Nenrkundram, the 1st respondent lorry bearing Registration No.TN-04-L-6918 came from behind in high speed dashed against the two wheeler, in which the deceased Raja was waiting, causing him fatal injuries, resulting in his death. The accident occurred only due to negligence of the 1st respondent lorry driver. At the time of the accident, the deceased was aged 27 years, employed as a car driver earning Rs.7,500/- to Rs.10,000/- per month. The petitioners, who are the wife, children and father of the deceased were dependents on the income of the deceased. Hence, the petitioners seek a sum of Rs.18,00,000/- as compensation from the respondents.