A AKBAR Vs. RAJESWARI

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal and Cross Objection have been directed against the judgment and decree passed by the Motor Accident Claims Tribunal cum Additional District and Sessions Court, Presiding Officer for Special Court for E.C. Act Cases, Coimbatore, dated 23.01.2007 in M.C.O.P.No.1641 of 2005.

(2.) The owner as well as the insurer of the offending vehicle have preferred the Appeal, in CMA.No.3408 of 2013, challenging the quantum of compensation awarded by the Tribunal as well as the liability fastened on them. Whereas, finding the compensation awarded by the Tribunal as insufficient, the claimants have filed Cross Objection No.69 of 2014.

(3.) On 23.06.2005, at about 12.00 noon, near Press Colony Bus Stop, when K.S.Aruchamy (deceased) was riding his bicycle from Coimbatore to Mettupalayam main road, and was crossing the road from east to west direction, an Ambulance, bearing Registration No. TN 09 G 1865 belonging to the State Health Transport Corporation, came from the opposite direction of the road in a rash and negligent manner, and dashed against the said K.S.Aruchamy, and thus, caused the accident. Immediately, the said K.S.Aruchamy was taken to Coimbatore Medical College and Hospital, and despite treatment, died there. Hence, the legal heirs of the deceased, who are wife and sons respectively have made a claim, in a sum of Rs.10,00,000/-.