NEW INDIA ASSURANCE COMPANY LTD Vs. N MALARSELVI

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Fair and Decreetal order dated 19.04.2011 made in MCOP.No.1039 of 2009 on the file of the Motor Accident Claims Tribunal/(Additional District Court, Fast Track Court No.II), Poonamallee.

(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 21.08.2009 at about 21.00 hours, when the deceased Nandhakumar was riding his motor cycle bearing Registration No.TN-22-AC-8676, in Velacherry Tambaram Main Road, from north to south and as he was moving upwards in the Velacherry over bridge, the first respondent owned Lorry bearing Registration No.TN-09-X-9263, which was standing near the centre median of the over bridge, suddenly came in reverse direction at high speed without any signal and hit the motor cycle, in which the deceased was travelling along with his wife. The accident occurred only due to the negligence of the first respondent vehicle driver. At the time of accident, the deceased was aged about 29 years and he was self employed as computer hardware service engineer and earned a sum of Rs.10,000/- to Rs.12,000/- per month. The petitioners who are the wife, minor son and parents of the deceased were depending on the income of the deceased. Due to the demise of the said Nandhakumar, the petitioners have suffered loss of income. Hence, the petitioners seek a sum of Rs.25,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.