SAVITHRI [DIED] Vs. K S SHOMBIAH

JUDGEMENT

(1.) The Petitioners/Claimants have filed this appeal against the order and decree dated 20.09.2013 made in M.C.O.P.No.699 of 2009 on the file of the Motor Accident Claims Tribunal, Principal District Judge's Court, Vellore, Vellore District.

(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 25.06.2009 at about 5.45 a.m., while the deceased Manivannan along with other persons was standing at Putthuthakku Bus Stop on the left side mud portion of the National Highways, the 1st respondent van bearing Registration No.KA-42-2099 came at high speed, dashed against the persons standing on the bus stop, resulting in the deceased suffering fatal injuries and he died subsequently, in Government Hospital, Chennai. The accident occurred due to the negligent driving on the part of the 1st respondent. The deceased was aged 45 years and from his lorry business, he was earning a sum of Rs.20,000/- per month. The petitioners/claimants are the wife and children of the deceased and they were depending only on the earnings of the deceased - Manivannan. Due to sudden demise of the breadwinner of the family, they are now suffering not only due to monetary loss, but also from loss of love and affection. Thus, the petitioners/claimants seek a sum of Rs.20,00,000/- 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 in the manner alleged by the petitioners/claimants. The petitioners/claimants has to prove the age, income and occupation of the deceased. The place, date and time of the accident as stated in the petition is not admitted. The petitioners/claimants' relationship with the deceased is not admitted and they are not dependants on the deceased. The negligence of deceased also contributed to the accident and as such, the petitioners/claimants is not entitled to seek any compensation. It was only due to the deceased attempt to cross the road suddenly without noticing the on coming vehicle, the accident occurred. The claim of the petitioners/claimants is highly excessive. Thus, the 2nd respondent/Insurance Company sought for dismissal of the petition.