COMMISSIONER THIRUVOTTIYUR MUNICIPALITY Vs. P GAJALAKSHMI

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/Commissioner, Thiruvottriyur Municipality against the Judgment and decree passed by the Motor Accidents Claims Tribunal (IV Small Causes Court Judge), Chennai passed in M.C.O.P.No,4905 of 2001, dated 29.03.2004, awarding a compensation of Rs.4,92,000/- to the respondents together with 9% interest per annum from the date of filing the claim petition till the date of payment of compensation.

(2.) THE facts of the case are as follows- On 29.06.2001, at about 13.15 hours, while the deceased, Pandurangan was crossing the basin bridge road, in front of Door No,22/113 from North to South direction, the lorry bearing registration No. TN 20-Z 6961 which was coming from west to east direction, driven in a rash and negligent manner with high speed, dashed against the deceased. In the result, the deceased fell down and the left rear wheel of the lorry ran over him. Further, he sustained injuries and died. THE legal heir of the deceased, Pandurangam, namely the first petitioner, wife of the deceased and the second petitioner, minor son of the deceased filed the above claim petition against the respondent. THE said accident was investigated by the H-1 Washermanpet Police Station, Chennai and a case was registered in Crime No,204 of 2001. THE accident took place due to the rash and negligent driving of the driver of the respondent's lorry bearing registration No.TN-20-Z-6961.

(3.) THE learned Tribunal framed two issues namely