S. ANUSIYA Vs. A. FRANCIS XAVIER AND ANOTHER

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants/claimants, challenging the judgement and decree dated 30.01.2015 made in M.C.O.P. No.2637 of 2013 on the file of Motor Accident Claims Tribunal, III Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the Petitioner is that on 22.12.2012 at 16.30 hours, while the petitioner was travelling as passenger in the car bearing Reg.No.TN-22-AS-4567, the driver of the car while taking the turn to the right side, met with the accident near Brownstone Apartment, Mahalingapuram Main Road, Nungambakkam, Chennai, and the petitioner suffered multiple grievous injuries. As the accident occurred due to rash and negligent driving by the driver of the said car, the Petitioner seeks compensation from the respondents who are the owner and insurer of the car, in which the Petitioner was travelling. The Petitioner claims that she was aged 60 years and from her self-employment was earning Rs. 6000/- per month. Due to the injury suffered by her, she is not able to attend to her avocation and suffered loss of income. Thus the petitioner seeks a sum of Rs. 3,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent contends that the accident did not occur in the manner alleged by the Petitioner. The vehicle bearing Reg.No.TN-22-AS 4567 was not involved in the accident and the said vehicle was operating without valid permit and fitness certificate. The Petitioner as well as the driver of the vehicle are family members and the petitioner has suppressed the same. As per the averments in the Petition itself, it is stated that in order to avoid collision with a two wheeler going ahead of the car, the driver of the vehicle applied brake and dashed against the lamp post resulting in the accident, as such, the driver of the Car bearing Reg.No.TN-22-AS-4567 cannot stated to be negligent and the Petitioner is not entitled to seek compensation from the Petitioners. The averments of the Petitioner about the age, avocation and income of the deceased is denied. Thus, the 2nd respondent seeks dismissal of the Petition.