ANANTHA JOTHI Vs. JAYANTHI SOUNDARANGHAVN

JUDGEMENT

(1.) This Civil Miscellaneous has been preferred against the judgment and award passed by the learned Motor Accidents Accidents Claims Tribunal (Principal District Judge) Villupuram in M.C.O.P.No.74 of 2010 dtd. 21/9/2012 Brief facts leading to the claim application are as follows;

(2.) On 25/4/2009, at about 7.45 A.M., while one Thirumangaimannan was going by his cycle for his job, nearing the karikalampakkam karumathi shed, the 1st respondent's Tata India Car bearing Registeration No.PY-01-N-1666 driven by its driver in a rash and negligent manner, hit against the said Thirumangaimannan. Immediately, he was taken to the Government General Hospital, Puducherry, where he died at about 8.50 A.M. The accident took place due to the rash and negligent driving on the part of the driver of the car. He was aged about 45 years and at the time of accident, he was earning R.6,000/- per month. Therefore, the petitioners, who are the legal representatives of the deceased have filed the petition seeking compensation of Rs.9,00,000.00.

(3.) The Insurance Company in the counter statement has denied the allegation made in the petition and the manner of the accident as stated by the claimants. It is further stated that the alleged accident had occurred only by the contributory negligence of the deceased who crossed the road suddenly without following the traffic rules and regulations and the allegation that the driver of the car was alone responsible for the accident is false. The 1st respondent does not admit the age, income and occupation of the deceased. The amount claimed as compensation is highly excessive. The Tata Car bearing the Registration No.PY-01-N-1666 was insured with this respondent and the driver was also holding valid driving license and vehicle had valid permit and F.C at the time of accident. Since, the 1st respondent did not choose to contest the case, the second respondent has filed an application under Sec. 170 of M.V.Act. By putting all the averments the petition to be proved by the petitioners themselves.