COMMANDANT Vs. RANI AND OTHERS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Respondent, challenging the judgment and decree dated 27.10.2009 passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Cuddalore District, Cuddalore made in MCOP. No. 1257 of 2007.

(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 02.03.2007 at about 10.00 p.m., while the deceased Ranganathan was riding his tyre cart from Thambipettai to Kurinjipadi, while going near Neyveli Perumal Naidu's land, the respondent vehicle bearing Reg. No. TN-45-G-0731 came from behind at high speed, dashed against the tyre cart causing fatal injuries to the said Ranganathan, resulting in his death on the next day. The accident occurred due to negligence of the respondent vehicle driver. The deceased was aged 45 years and by wormking as a tyre car driver, was earning Rs. 9000/- per month. The Petitioners who are the wife and mother of the deceased were depending on his income only. Thus the Petitioners sought for a sum of Rs. 16,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the respondent averred that the accident does not occur in the manner alleged by the Petitioners. The accident occurred only due to negligence of the deceased who drove the tyre cart without following the traffic rules. There was no hurricane light or fluroscent attached on the back side of the bullock cart. As the accident occurred due to negligence of the deceased only, the respondent is not liable to pay any compensation. Thus, the respondent sought for dismissal of the Petition.