NIRMALA Vs. SELVAM

JUDGEMENT

(1.) The Appellants/Claimants filed this appeal to set aside the order made in M.C.O.P.No.2034 of 2015 on the file of the Motor Accident Claims Tribunal Cum I Additional District Judge, Salem dated 24.02.2017.

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

(3.) The case of the petitioners/claimants is that on 23.08.2015 while the deceased was walking with his cycle on the left side of the Seelanaickanpatty to Athur Main Road while going near Namamalai Russya Colony at about 9.00 p.m., the first respondent car bearing Registration No.TN-77-A-6066 which was insured with the second respondent came at high speed driven in a rash and negligent manner dashed on the deceased causing him fatal injuries, resulting in his death on the spot. The accident occurred only due to the negligence of the first respondent vehicle driver. The deceased was aged 44 yeas and by working as a Cook in a Private Mill was earning Rs.9,000/- per month. The petitioners/claimants who are the wife and children of the deceased were depending on his earnings. Due to his sudden death, the petitioners/claimants have lost the breadwinner of the family and suffering for the same. Thus, the petitioners/claimants seek a sum of Rs.25,00,000/- as compensation from the respondents.