JAMUNA Vs. WINBRO LOGISTICS (P) LTD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants/Petitioners, challenging the judgment and decree dated 23.12.2010 passed in M.C.O.P.No.825 of 2009 on the file of Motor Accidents Claims Tribunal, Principal District Court, Dharmapuri.

(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 Petitioners who are the legal heirs of the deceased Balajee stated that the deceased Balajee was employed as a driver with M/s.KPN Transport Company, Salem, and on 20.06.2009, the deceased was on duty in the van bearing Reg.No.TN-30-H-2323 and due to tyre puncture, the said van was parked near Cholapuram Bus stand in the Thoothukudi to Ettayapuram NH-45B Main Road. At about 00.30 hours, the 1st respondent Lorry bearing Reg.No.TN-04-AB-8510 insured with the 2nd respondent came at high speed and dashed on the back side of the parked van causing fatal injuries to the deceased Balajee and other persons and they died on the spot. It is averred in the claim petition that the deceased by working as driver in M/s.KPN Travels Company was earning Rs.15,000/- per month and he was aged 47 years. The Petitioners who are the wife, children and mother of the deceased are dependant on his income. Thus, the Petitioners pleaded for a compensation of Rs.25,00,000/- from the respondents who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the Petitioners, the 2nd respondent-Insurance Company contends that the accident did not occur in the manner alleged by the Petitioners. The driver of the Lorry bearing Reg.No.TN-04-AB-8510 was not having valid driving licence and the said vehicle was not insured with the 2nd respondent. The Lorry bearing Reg.No.TN-04-AB-8510 was not in any way connected with the accident and the Petitioners have come forward with a false claim. Thus, the 2nd respondent sought for dismissal of the claim petition.