KANIMOZHI Vs. DAY N DAY SERVICE (P) LTD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 05.11.2012 made in M.C.O.P.No.5107 of 2010 on the file of Motor Accident Claims Tribunal, IV Judge, Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the petitioner is that on 24.06.2009 at about 4.10 p.m., when the deceased Aruljothi was crossing the road at Ninan Street, Gurupuram, Abhiramipuram, Chennai-18, from west to east in front of her house, a Scorpion Van bearing Reg.No.TN-07-BD-2244 driven by its driver in a rash and negligent manner came in the reverse, at high speed, and dashed against the deceased who fell down in the impact and the vehicle ran over her and subsequently died. The petitioner who is the daughter of the deceased states that at the time of the accident, the deceased was aged 57 years and by working as cooly, earned Rs.5000 per month. The accident occurred due to rash and negligent driving of the car driver. The owner and insurer of the vehicle are responsible to pay the compensation to the petitioner. Hence, the claim petition is filed.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent contends that the driver of the van bearing Reg.No.TN-07-BD-2244 is not responsible for the accident and only the negligence of the deceased caused the accident. The claim of the Petitioner about the age, avocation and income of the deceased is disputed. The compensation claimed by the Petitioner is exorbitant. The petitioner has to prove that the driver of the offending vehicle possessed valid driving licence and the vehicle was under insurance coverage at the time of the accident. Thus the 2nd respondent/Insurance Company sought dismissal of the Petition.