PARTHIBAN Vs. RAMASAMY

JUDGEMENT

(1.) The Appellants are the Petitioners and filed this appeal challenging the Judgment and decree dated 30.07.2010 made in M.C.O.P.No.921 of 2005 on the file of Motor Accident Claims Tribunal, Additional Sub Court at Tiruppur.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a fatal case. The case of the Petitioners is that on 16.07.2005 at 14.30 hours, as the deceased was proceeding in the two wheeler bearing Reg.No.TAC 383 near RVS College, Sahaya Annai Nagar, Sulur, the 1st respondent Lorry bearing Reg.No.TN-37-Q-9599 came at high speed, dashed against the two wheeler in which the deceased was going, causing him fatal injuries, resulting in his death. The negligence of the said Lorry driver alone caused the accident. The deceased was aged 45 years and he was earning Rs.3500/- per month, by working as Security in a Private Company, apart from getting Rs.3000/- per month as Ex-serviceman Pension. The Petitioners who are the sons of the deceased have lost the bread winner of the family resulting in the loss of love and affection as well as financial loss. Hence the Petitioners seeks a sum of Rs.5,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 3rd respondent/Insurance company contends that the accident occurred only due to negligence of the deceased. The Lorry was not driven rashly by the 1st respondent at the time of the accident. The deceased contributed to the accident. The age, occupation and income of the deceased is not admitted. The claim of the Petitioners is highly excessive. The 3rd respondent seeks dismissal of the Petition.