S. VENKATESAN AND ORS. Vs. RAJESWARI AND ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dated 03.10.2007 passed in MCOP.No.37 of 2005 on the file of the Motor Accident Claims Tribunal Cum Additional District Judge and Presiding Officer, Special Court for E.C.Act Cases, Coimbatore.

(2.) The case of the appellants is that on 10.04.2002 at about 3.00 p.m., one Deenadayalan was riding his TVS XL Super bearing Registration No.TN- 37-S-4096 followed by his friend who was riding Bajaj bearing Registration No.TN-39-A-0915 from East to West on Marudumalai Main Road, Coimbatore to go to Vadavallai after returning from the office at R.S.Puram, Coimbatore. At that time, a Goods Carrier Auto bearing Registration No.TN-37-Y-5614 which was coming in the opposite direction and driven by the first appellant in a rash and negligent manner, hit against his vehicle. Due to the impact, he fell down and sustained grievous injuries on his right side head, right leg knee and all over the body, and immediately he was taken to Mouthy Hospital, Vadavalli, Coimbatore, for first aid. Thereafter, he was shifted to Sri Ramakrishna Hospital, Coimbatore and was given treatment from 10.04.2002 to 30.04.2002. He underwent two major operation and spent Rs.3,00,000/- towards medical expenses, but in spite of which, he died on 30.04.2002. Since the accident had occurred only due to the negligent driving of the first appellant, the respondents 1 to 3 who are the legal representatives of the deceased have filed a Claim Petition before the Motor Accident Claims Tribunal Cum Additional District Judge, Special Court for E.C.Act Cases, Coimbatore, claiming a sum of Rs.15,00,000/- with interest at 18% per annum from the date of petition till the date of realization as compensation for the deceased.

(3.) The appellants herein were absent during the trial and therefore they were set exparte before the Court below.