LAWS(MAD)-2018-12-118

MUTHUSAMY Vs. MURUGESAN

Decided On December 20, 2018
MUTHUSAMY Appellant
V/S
MURUGESAN Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed as against the dismissal of the claim petition filed by the appellant herein in M.C.O.P.No.656 of 2004, vide award and decree dtd. 25/1/2007, by the Motor Accident Claims Tribunal - Principal District Court, Dindigul.

(2.) The appellant is the claimant. He claimed that he was the son of the deceased's brother and the deceased had adopted the appellant. On 29/4/2004, at about 08.00 a.m., while the deceased was walking on the left side of the road, a Maxi Cab bearing Registration No.TN-55-E-2410 came from east to west in a rash and negligent manner and dashed against the deceased and caused the accident, as a result of which, the deceased had died on the spot. The deceased was working as a Watchman in a private workshop and earning a sum of Rs.4,000.00 (Rupees Four Thousand only). He was a bachelor and hence, he adopted the appellant herein. Hence, the appellant made a claim for a sum of Rs.5,00,000.00 (Rupees Five Lakhs only) towards compensation.

(3.) The second respondent - Insurance Company resisted the claim of the appellant stating that the accident had occurred only due to the negligent act of the deceased and hence, the second respondent - Insurance Company is not liable to pay any compensation to the appellant and thus, sought for the dismissal of the claim petition.