C THANGATHAI Vs. C GUNASEKAR

JUDGEMENT

(1.) The above Civil Miscellaneous Appeals are filed challenging the judgment and decree dated 30.11.2012 made in M.C.O.P.Nos.1137 and 1138 of 2011 respectively, on the file of the Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai, respectively.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) In M.C.O.P.No.1138 of 2011 [C.M.A.No.78/2017], the case of the petitioners is that on 09.03.2011 at about 2.45 hours as the deceased Sundarraj, was driving his car bearing Registration No.TN-18-L-0302 in Ambattur to Maduravoyal Bypass Road opposite to Dr.M.G.R.University, Chennai, a container lorry bearing Registration No.TN-73-A-7227 came at high speed driven in rash and negligent manner and as the driver of the lorry suddenly applied break, the tata van dashed against the rear side of the lorry, resulting in the death of the deceased Sundaraj and causing injuries to other persons. The accident occurred only due to rash and negligent driving by the said lorry driver. The lorry belongs to the 1st respondent and insured with the 2nd respondent. The deceased Sundaraj, aged 25 years, was employed as a driver in a private concern earning Rs.12,000/- per month. The petitioners who are the mother and brothers of the deceased contended that due to sudden demise of said Sundaraj his contribution to the family is lost. Hence, they seek a sum of Rs.10,00,000/- as compensation.