SUPERINTENDENT CARRIAGE & WAGON Vs. S SAVARIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Fair and Decreetal Order, dated 11.08.2009 made in M.C.O.P.No.346 of 2005, on the file of the learned III Additional Subordinate Judge, Tiruchirappalli.

(2.) The appellant herein is the owner of the offending vehicle viz., Jeep, bearing Registration No.TN-45-G-8570. The respondents herein are the claimants / legal representatives of the deceased Anthoniyammal, who died in an accident, which occurred on 31.08.2004. The respondents/ claimants filed a claim petition in M.C.O.P.No.346 of 2005 on the file of the MACT / III Additional Subordinate Judge, Tiruchirappalli, claiming a sum of Rs.4,00,000/-, as compensation, for the death of the said Anthoniyammal, under Sections 140 & 166 Motor Vehicles Act.

(3.) It has been alleged in the claim petition that while the deceased was standing in the left side corner of the Kallukudi Branch Road, the driver of the vehicle viz., the Jeep, bearing Registration No.TN-45-G- 8570, drove it in a rash and negligent manner and dashed against the deceased and caused injuries and the injured died on the way to hospital, on the date of occurrence itself.