(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.