ARUNADEVI Vs. DHIVYASANJEEVI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed against the judgment and decree dated 17.07.2017 made in M.C.O.P.No.154/2015 on the file of Motor Accidents Claims Tribunal, Additional District Court, Namakkal.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioners/claimants before the Tribunal as per their claim petition is that on 23.11.2014 at about 2.00 a.m., while the deceased Ramathilagam was driving his car bearing Reg.No.TN 28 AQ 3420 near the Military Canteen at Paramathi-Namakkal Main Road, a lorry bearing Reg.No.TN 78 8088 came in the opposite direction at high speed, dashed against the car driven by the deceased, resulting in fatal injuries to the deceased, who died on the spot itself. In the accident, five persons who travelled in the car are died on the spot. The accident occurred only due to rash and negligent driving of the first respondent lorry driver. At the time of accident, the deceased was aged 24 years and by working as car driver and also by running tour travels business was earning Rs.80,000/- per month. The petitioners/claimants, who are wife and parents of the deceased were depending on his income. Thus the petitioners/claimants seeks a sum of Rs.80,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.