CHOLAMANDALAM MS GENERAL INSURANCE CO LTD Vs. MURUGESAN

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Fair and Decreetal order dated 29.03.2016 made in MCOP.No.299 of 2014 on the file of the Motor Accident Claims Tribunal/District Court, Nagapattinam.

(2.) For sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 07.04.2014, the deceased Muthamizh Selvi was going along with her relative as pillion rider in the bicycle, in North Street, Vedharaniyam from East to West and at that time, the Lorry bearing Registration No.TN-31-BY-9825 belonging to the first respondent and insured with the second respondent, came at high speed in the opposite direction and dashed against the above bicycle in which the deceased was travelling. Consequently, the deceased Muthamizh Selvi fell down and the wheel of the lorry crushed her head. Consequently, she died on the spot itself. This petitioners, who are the husband and sons of the deceased claims that the accident occurred only due to the negligent driving of the driver of the first respondent's lorry. At the time of accident, the deceased was aged about 28 years and she earned a sum of Rs.10,000/- per month by doing cooli work and also growing goats. Due to her sudden demise, the first petitioner lost his conjugal rights and all the three petitioners lost the love and affection of their mother. Hence, the petitioners seeks a sum of Rs.20,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.