P BALAMMAL Vs. R ELUMALAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants/claimants, challenging the judgment and decree dated 13.01.2015 made in MCOP.No.2364 of 2012 on the file of the Motor Accidents Claims tribunal, II Judge, Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a fatal case. The case of the Petitioners is that on 23.03.2012 at about 01.00 hours, the deceased Peter Martin was driving car bearing Reg.No.TN-22-BA-8425 in Uthiramerur to Chennai Road, while going near Paranur Toll Plaza, a Tanker Lorry bearing Reg.No.TN-02-C-1919 came at high speed, dashed from behind on the car driven by the deceased Peter Martin causing him fatal injuries resulting in his death. The deceased was aged 38 years and he was carrying on Travels Business, earning Rs.10,000/- per month. The Petitioners who are the wife, children and father of the deceased were depending on the earnings of the deceased. Hence the Petitioners sought for Rs.30,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.

(3.) Before the Tribunal, both the respondents remained exparte.