PARVATHY Vs. K SHYAMRAJAN

JUDGEMENT

(1.) Calling in question the judgment and decree dated 8.6.2016 passed in M.C.O.P.No.396 of 2012 by the Motor Accident Claims Tribunal, II Additional District Court, Poonamallee, the present appeal is filed by the claimants.

(2.) The first appellant is the wife of the deceased and appellants 2 to 8 are children of the deceased. It is the case of the appellants, who are the claimants, that on 6.3.2012 at about 8.15 AM, when the deceased was waiting on the Mount-Poonamallee Road at Kattupakkam, near Maruthi Showroom, in order to cross the road, a motorcycle bearing registration No.TN 10 AB 8555, driven in a rash and negligent manner, came from east to west direction and hit the deceased causing fatal injuries. The first respondent is the owner of the vehicle which caused the accident and the second respondent is the insurance company which insured the said vehicle. In this backdrop, the appellants claimed compensation to the tune of Rs.5 lakhs.

(3.) The second respondent/insurance company refuted the contents of the claim petition by filing a counter statement. It was alleged that the motorcycle was nowhere involved in the accident and that a lorry, which could not be identified by the appellants, hit against the deceased and caused the accident.