M ANNAMMAL Vs. M GIRIL

JUDGEMENT

(1.) Both the above Civil Miscellaneous Appeals are filed by the Claimants/Petitioners, challenging the judgment and decree dated 23.12.2011 passed in M.C.O.P.No.1769 and 1770 of 2008 on the file of Motor Accidents Claims Tribunal, Principal District Judge, Cuddalore District.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the Petitioners is that on 06.05.2008 at about 3.45 p.m., while the deceased Murugan was riding his two wheeler bearing Reg.No.TN-51-R-0382 in Chidambaram to Karaikal Main road, while going near Kazhuvan Thittu cross road, the 1st respondent vehicle bearing Reg.No.TN-32-A-8174 came at high speed in the opposite direction, dashed against the two wheeler of the deceased, causing him fatal injuries, resulting in his death on the spot. The Petitioners who are the wife and children of the deceased contend that the accident occurred only due to negligence of the 1st respondent vehicle driver. At the time of accident the deceased was aged 35 years and by working as a Fisherman, was earning Rs. 10,000/- per month. The Petitioners were depending on the earnings of the deceased. Due to sudden death of the bread winner of the family, the Petitioners are suffering. Hence, the Petitioners sought for a sum of Rs. 25,00,000/- as compensation from the respondents, who are the owner and insurer of the vehicle.

(3.) The Petitioners in MCOP.No. 1770 of 2008 states that the deceased Sankar who travelled as pillion rider in the two wheeler bearing Reg.No.TN-51-R-0382 driven by the deceased Murugan in respect of whom, the claim petition in MCOP.No.1769 of 2008 is filed, met with the accident as stated above and died on the spot. The deceased Sankar was aged 26 years and by working as Fisherman was earning Rs. 10,000/- per month. The Petitioners, who are wife, children and mother of the deceased were depending on the earning of the deceased. Due to his sudden death, the Petitioners are unable to maintain themselves. As such, the Petitioners sought for a sum of Rs. 25,00,000/- as compensation from the respondents.