LAWS(MAD)-2018-8-228

PALANIAMMAL Vs. RAMATHAL

Decided On August 09, 2018
PALANIAMMAL Appellant
V/S
RAMATHAL Respondents

JUDGEMENT

(1.) The appellants are claimants in M.C.O.P.No.887 of 2006 on the file of the Motor Accident Claims Tribunal (Fast Track Court), Dindigul. They filed the above Original Petition claiming compensation of Rs. 1,00,000/- for the death of one Palani.

(2.) According to the appellants, on 03.06.2006 at 9.30 a.m, a Jeep bearing Reg.No.TN-57-Y-4959 belonging to the first respondent was driven in a rash and negligent manner and dashed against the deceased Palani, while he was walking on the road. Due to the said accident, the deceased sustained multiple injuries. Immediately, he was admitted in the Velmurugan Clinic and subsequently, he was admitted in the Government Hospital, Ottanchatram and he took treatment for 10 days from 03.06.2006 to 106.2006 as in-patient and for the further treatment, he was taken to Government Hospital, Dindigul and took treatment for one day and he was discharged from the hospital. He died on 21.06.2006 due to the injuries suffered by him in the accident. The Jeep belonged to the first respondent and insured with the second respondent and both are liable to pay compensation.

(3.) The first respondent remained ex-parte before the Tribunal. The second respondent filed a counter statement and denied all the averments made by the appellant. The second respondent contended that the deceased Palani died, not due to the injuries suffered by him in the accident, but, due to his old age, as he was aged 75 years.