ANNALAKSHMI AND OTHERS Vs. A. NAGARAJAN AND OTHERS

JUDGEMENT

(1.) The petitioners/claimants have filed this appeal against the judgment and decree dated 28.06.2011 made in M.C.O.P.No.918 of 2008 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court -IV, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioners/claimants is that on 02.02.2008, while the deceased-Selvam was proceeding in his bicycle along with pillion rider on Velachery Main Road, while going at Pallikaranai opposite to Kumaran Theatre around 09.00 a.m., a sewerage water tanker lorry bearing Registration No.TN-28-1878 came at high speed driven in a rash and negligent manner dashed against the bicycle of the deceased-Selvam, causing fatal injuries, resulting in his death on the spot itself. The accident occurred only due to the negligence of the 1st respondent-lorry driver. The deceased was aged 19 years and by working as a centring worker was earning Rs. 5,000/- per month. The petitioners/claimants who are the parents of the deceased were depending on the earnings of the deceased. Due to his demise, they lost their bread winner of the family. Thus, the petitioners/claimants seek a sum of Rs. 10,00,000/- as compensation from the respondents who are the owner and insurer of the vehicle.

(3.) On the other hand, opposing the claim of petitioners/claimants, by filing counter, the 2nd respondent/Insurance Company contends that the accident did not occur in the manner alleged by the petitioners/claimants. The driver of the lorry did not possess valid driving license and the said lorry was not insured with the 2nd respondent. The claim of the petitioners/claimants about the age, avocation and income of the deceased is denied. The petitioners/claimants claims for compensation is exorbitant. Thus, the 2nd respondent/Insurance Company seeks dismissal of the petition.