M CHINNAMANI Vs. C MURUGANANTHAM

JUDGEMENT

(1.) The Appellants are the Petitioners and fled the above appeal challenging the Judgment and decree dated 17.09.2013 made in M.C.O.P.No.4062 of 2012 on the file of Motor Accident Claims Tribunal, Special Subordiante Court, Chennai.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a fatal case. The case of the Petitioners is that on 30.06.2012 at about 5.30 hours, while the deceased D.Mohan was riding his two wheeler bearing Reg.No.TN-48-2707 in Trichy-Madurai National Highway and as he approached Vadiyan Kulam Road, Kodumbalur, the 1st respondent lorry bearing Reg.No.TN-67-L-6908 came from behind at very high speed, dashed against him causing him fatal injuries resulting in his death at Government Head Quarters Hospital, Trichy, on 03.07.2012. The accident occurred only due to negligence of the 1st respondent vehicle driver. The said lorry was insured with the 2nd respondent. The deceased was aged 34 years and was earning Rs.20,000/- per month by carrying on Cycle Mart business. The Petitioners who are the wife, minor children were depending on the earnings of the deceased. Due to sudden death, the Petitioners have lost the bread winner of the family. Thus, the Petitioners seeks a sum of Rs.25,00,000/- as compensation from the respondents who are the owner and insurer of the vehicle.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 2nd respondent/Insurance company contends that the accident occurred only due to negligence of the deceased. While the 1st respondent lorry was proceeding at normal speed, the deceased riding the two wheeler in the same direction, suddenly tried to cross the road, and dashed against the lorry inviting the accident. The claim of the Petitioners about age, avocation and income of the deceased is denied. The amount claimed by the Petitioners is excessive. Thus, the 2nd respondent seeks dismissal of the Petition.