S PUNITHAVATHI Vs. V VINOTH

JUDGEMENT

(1.) The above CMAs are filed by the Claimants/Petitioners, challenging the judgment and decree dated 05.01.2006 passed in M.C.O.P.Nos.417 of 2004 and 265 of 2004 respectively on the file of Motor Accidents Claims Tribunal, Additional District Court cum Fast Track Court No.1, Coimbatore.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the Petitioners in CMA.No.2213 of 2006 [MCOP.No.417 of 2004] is that on 02.11.2003 at about 6.30 p.m., while the deceased Senthil Prabhu was riding Motor cycle bearing Reg.No.TN-39-7384 in Mettupalayam to Ooty Main Road, while going near Jambu Thoppu Gate around 6.30 p.m., the mini bus bearing Reg.No.KL-02-E-3051 came in the opposite direction at high speed, dashed against the motor cycle causing fatal injuries to the rider and pillion rider on the spot itself. The accident occurred only due to negligence of the driver of the said mini bus belonging to the 2nd respondent and insured with the 3rd respondent. According to the Petitioners, the deceased was aged 20 years and was employed in a private concern earning Rs.4500/- per month. The Petitioners who are the mother and sister of the deceased were depending on the earnings of the deceased. Thus the Petitioners suffered loss of income due to the demise of the bread winner of the family. Thus the Petitioners sought for a sum of Rs.5,00,000/- as compensation from the respondents.

(3.) The Petitioners in CMA.No.2351 of 2006 [MCOP.No.265 of 2004] states that the deceased Mansingh was traveling as a pillion rider in the motor cycle bearing Reg.No.TN-39-C-7384 driven by the deceased in another claim petition and suffered fatal injuries in the accident that occurred on 02.11.2003 at about 6.30 p.m., and died on the spot. The deceased was aged 19 years and by working as a Nursery Worker, was earning Rs.4500/- per month. The Petitioners who are the parents and brother and sister of the deceased were depending on the earnings of the deceased. Due to sudden demise of the bread winner, they are suffering due to loss of income. Thus, the Petitioners sought for a sum of Rs.6,00,000/- as compensation.