VALARMATHI Vs. PALANISAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Petitioner, challenging the judgment and decree dated 18.12.2014 passed in M.C.O.P.No.866 of 2010 on the file of Motor Accidents Claims Tribunal Cum Subordinate Court, Sankari.

(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 26.09.2010, at about 5.45 hours, as the deceased Mariappan was driving the car bearing Reg.No.TN-45-M-4088 in Sankari to Omalur Main Road, while coming near Orukkalamalai Adivaram, the Lorry bearing Reg.No.Ka-01-B-6613 driven by 1st respondent, owned by 2nd respondent and insured with the 3rd respondent, came at high speed, dashed against the car resulting in the death of the said Mariappan. The accident occurred due to negligence of the 1st respondent driver only. The petitioners who are the wife, children and mother of the deceased were dependants on the earnings of the deceased Mariappan. The deceased Mariappan was aged 37 years and by working as Lorry driver and as LIC Commission Agent, was earning Rs.30,000/- per month. Thus, the Petitioners suffered loss of love and affection and monetary contribution to the family by the deceased. The Petitioners therefore sought for a sum of Rs.30,00,000/- as compensation from the respondents, who are the driver, owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the Petitioners, the 3rd respondent/Insurance Company, by filing counter, contends that the accident did not occur in the manner alleged by the Petitioners. The deceased who was driving the car came at high speed and only due to his negligence, dashed against the 1st respondent driven lorry resulting in the accident. The respondents are no way liable to pay compensation. The deceased driver Mariappan did not possess valid driving licence. As the deceased himself was the tortfeasor, the petitioners are not entitled for compensation. The owner and insurer of the car bearing Reg.No.TN-45-M-4088 alone is liable to pay compensation. The failure to implead them as party to the proceedings is fatal to the claim of the Petitioners. Even though the Petitioner claims that the driver/1st respondent of the offending vehicle bearing Reg.No.Ka-01-B-6613 is responsible for the accident, the entire negligence cannot be fastened on him. The deceased also contributed to the accident. The claim of the petitioners about the age, avocation and income of the deceased is denied. The compensation claimed is exorbitant. Thus, the respondent sought for dismissal of the Claim Petition.