M HEMAMALINI Vs. A ARULSELVAM

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed by the petitioners against the fair and decreetal award passed by the learned III Additional District and Sessions Judge, Cuddalore at Vridhachalam dated 29.04.2017 in M.C.O.P.No.573 of 2015.

(2.) For the sake of convenience, the parties will be referred to in this judgment as they are arrayed before the Tribunal.

(3.) The case of the petitioners is that the deceased Murugan, who is the husband of the first petitioner, father of the petitioners 2 and 3 and son of 4th petitioner was riding his motorcycle from south to north in Junction Road Vridhachalam. When he reached the place opposite to Mass Hotel near bus stand at 12.30 hours on 12.09.2015, the first respondent's tractor and trailer bearing Regn.No.TN-31-BV-2619 came at high speed, driven in a rash and negligent manner, dashed on the back side of the motorcycle driven by the deceased. Due to the impact, the deceased Murugan fell down and Tractor ran over his hip. Consequently, the said Murugan died and the accident occurred only due to the rash and negligent driving of the first respondent's Tractor driver. At the time of accident, the deceased was working as a Society employee of NLC, earning a sum of Rs.20,000/-. Therefore, the petitioners sought for compensation Rs.70,00,000/- from the respondents.