KUPPAMMAL Vs. S ARUN

JUDGEMENT

(1.) The petitioners/appellants have filed this appeal against the judgment and decree dated 11.04.2017 made in M.C.O.P.No.5883 of 2015 on the file of the Motor Accident Claims Tribunal, Chief Judge Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a fatal case. The case of the petitioners/appellants is that on 07.07.2015 at 18.30 hours, while the deceased was crossing the old Mahabalipuram Road near Indian Petrol Bunk, Kanchipuram District, the 1st respondent lorry bearing Registration No.TN-32-L-4942 came at high speed dashed against the deceased Azhagappan, causing him fatal injuries, resulting in his death. Subsequently, he died in the hospital on 09.07.2015. The deceased was aged 39 years and working as a self-employed dry cleaner was earning Rs.700/- per day. The petitioners who are the wife, children and mother of the deceased were depending on the income of the deceased. Due to the sudden demise of the said Azhagappan, the petitioners/appellants have lost the only bread winner of the family. Hence, the petitioners/appellants seek a sum of Rs.30,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the petitioners/appellants, by filing counter, the 2nd respondent-Insurance Company contends that the accident did not occur in the manner alleged by the petitioners/appellants. The lorry bearing Registration No.TN-32-L-4942 was not insured with the 2nd respondent-Insurance Company and the said vehicle was not involved in the accident. The driver of the said lorry was did not possess valid driving license at the time of accident, the said lorry was driven without valid permit and fitness certificate. The accident did not occur due to the negligence of the lorry driver, but only due to the negligence of the deceased-Azhagappan. The claim of the petitioners/appellants was exorbitant and the petition is liable to be dismissed.