K DHANAM Vs. LOKESH BABU

JUDGEMENT

(1.) This appeal has been filed by the appellants against the decree and judgment dated 30.10.2014 made in M.C.O.P.No.5813 of 2012 on the file of Motor Accident Claims Tribunal, ( II Small Causes Court) Chennai.

(2.) For the sake of convenience, the parties will be referred to in this judgment as arrayed before the Tribunal.

(3.) The petitioners/Claimants state that on 25.08.2012 at 10.00 p.m while the deceased was riding the motorcycle bearing Registration No.TN-18-Y-5522 from north to south direction at S.N.Chetty Street, near Veeraraghavan Street junction, Kasimedu on his way from Thiruvottiyur Sathangadu to Royapuram, a container lorry bearing Registration No.TN-28-AH-8840 driven by its driver in a rash and negligent manner came at high speed and as the driver of the lorry attempted to overtake an ongoing vehicle, it hit the motor cycle driven by the deceased. In the impact, the deceased fell on the road and the back side wheel of the lorry ran over the deceased, causing his death on the spot. In this context, a case was registered under Ex.P.6 attributing negligence against the driver of the lorry. Ex.P.7 is the copy of Rough Sketch and Ex.P.8 is the copy of Charge Sheet which clearly establish the negligence of the driver of the lorry. Therefore, according to the claimants/petitioners, the driver of the lorry belonging to first respondent alone is responsible for the accident. Thus, the petitioners/claimants filed the claim petition as against the owner of the offending lorry, the first respondent and the insurer of the lorry, the second respondent herein and claimed that they are responsible to pay compensation to the petitioners.