NAGAPPAN Vs. S ELANGOVAN

JUDGEMENT

(1.) The Appellant/petitioner has filed this appeal against the decree and judgment dated 13.02.2013 made in M.C.O.P.No.2505 of 2010 on the file of the Motor Accident Claims Tribunal, V Judge, Small Causes Court, Chennai.

(2.) With consent of the learned counsel on either side, the main Civil Miscellaneous Appeal is taken up for final disposal at the admission stage itself.

(3.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioners is that on 03.10.2009 at about 15.30 hours, while the deceased was proceeding in a two wheeler bearing Registration No.TN-19-6817 as a pillion rider, in the ECR Road near Pattipulam, the rider of the two wheeler drove the vehicle in a rash and negligent manner and as such when he tried to over take a lorry, the two wheeler dashed against the Bullock, which was going on the left side of the road, resulting in the rider being thrown away and as he fell down, he suffered fatal injuries and died on the spot itself. The accident occurred only due to rash and negligent driving by the rider of the two wheeler, in which the deceased was going as a pillion rider. At that point of time, the deceased was aged 19 years and by working as a Sculptor was earning Rs.300/- per day. The petitioners who are the parents of the deceased were depending on the income of their only son, who died in the accident. As such, the petitioners seek a sum of Rs.7,00,000/- as compensation from the respondents who are the owner and insurer of the vehicle.