S YUVANATHAN Vs. S NAVANEETHA KRISHNAN

JUDGEMENT

(1.) The Appellants are the claimants before the Tribunal and has filed this appeal against the judgment and decree dated 29.11.2008 made in M.C.O.P.No.19 of 2008 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate, Coimbatore.

(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 27.08.2007 while the deceased Ganthamani was proceeding as Pillion rider in the two wheeler bearing Reg.No.TN-38-AF-2551 driven by her husband, who is the 1st petitioner herein, while going in the Avinasi Road, near P.S.G.Technology Institute, the 2nd respondent bus bearing Reg.No.TN-33-N-1623 came at high speed, driven in a rash and negligent manner, dashed against the two wheeler in which the deceased was driving, causing her fatal injuries, resulting in her death subsequently in the hospital. The Petitioners who are the husband and children of the deceased contend that the accident occurred only due to negligence of the 2nd respondent's bus driver, who is the 1st respondent herein. The deceased was aged 46 years and was a home maker. Thus, the Petitioners sought for a sum of Rs.7,00,000/- as compensation from the respondents.

(3.) On the other hand, both the respondents remained exparte before the Tribunal. As such, considering the evidence let in by the Petitioners through P.W.1 and P.W.2 as well as documents produced as Ex.P.1 to Ex.P.15, the Tribunal found negligence of the 1st respondent driver alone resulted in the accident, passed an award for a sum of Rs.2,25,000/- payable by the respondents to the Petitioner.