VEERAMMAL Vs. P K DURAISWAMY

JUDGEMENT

(1.) The petitioners/claimants have filed this appeal against the judgment and decree dated 27.01.2005 made in M.C.O.P.No.17 of 2003 on the file of the Motor Accident Claims Tribunal, Principal Sessions and District Judge, Namakkal.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioners/claimants is that on 22.12.2002 at about 07.00 a.m., while the deceased was walking in the Paramathy to Tiruchengode Main Road near Kadaiveethi tea stall, a tempo van bearing Registration No.TN-33-A-9004 came from behind at high speed dashed against the deceased causing him fatal injuries, resulting in his death on the spot. The accident occurred only due to the negligence of the tempo van driver. At that point of time, the deceased was aged 55 years and by doing Coolie work was earning Rs.5,000/- per month. The petitioners/claimants who are the wife, sons and daughters of the deceased were depending on the earnings of the deceased. Due to his sudden demise, the petitioners/claimants have lost the Love and Affection of the deceased as well as his contribution to the family. Thus, the petitioners/claimants sought for a sum of Rs.5,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the petitioners/claimants, by filing counter, the 2nd respondent/Insurance Company contends that the accident did not occur due to the negligence of the 1st respondent vehicle driver. The claim of the petitioners/claimants about the age, avocation and income of the deceased is denied. The driver of the 1st respondent did not possess valid driving license at the time of the accident. The amount claimed by the petitioners/claimants is highly excessive. Thus, the 2nd respondent/Insurance Company sought for dismissal of the petition.