DAKSHNAMOORTHY Vs. VADUVAMBAL

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and judgment passed in M.C.O.P.No.124 of 1994, dated 18.10.2002, by the Motor Accidents Claims Tribunal, (Additional District Judge, Fast Track Court No.V), Chengalpattu, dismissing the claim petition of the appellants herein.

(2.) THE facts of the case are as follows THE claimants namely 1) Dakshnamoorthy and 2) Rajamani W/o of the first claimant have filed the claim for the death of their son in Motor Accident, which happened on 22.10.1992. On 20.10.1992, at about 15.30 hours, while the deceased was levelling the mud at Triveni Academy, the driver of a sand laden Tractor-Trailor driving the vehicle in a rash and negligent manner and to stop the vehicle, put the tipper switch and suddenly the trailor was upset and smashed the deceased on the head and resultingly the deceased died on the spot. THE first respondent, being the owner of the vehicle and the second respondent being the insurer of the Tractor-Trailor bearing registration No. TN-21-5684 and TN-21-5685 respectively are jointly and vigorously liable to pay the compensation to the claimants. THE claimants further stated that at the time of accident, their son Ramesh's age was 22 years and he was earning RS.1500/- per month. Both the claimants are parents of the deceased and so they have claimed compensation as legal heir of the deceased

(3.) THE learned Tribunal framed three issues namely