P.JEYA BASKARAVEL Vs. VEPPALODAI CHEMICALS

JUDGEMENT

(1.) The appeal is directed against the judgment and decree dated 25.10.2006 passed in MCOP No. 204 of 2004 by the learned Judge, Fast Track Court No. 2 (Motor Accidents Claims Tribunal), Tuticorin.

(2.) The facts in a nutshell are as follows: On 9.2.2004 at about 7 a.m., when the petitioner along with his wife and daughter Anandha Sheeba was travelling in a vehicle bearing registration No. TN 69-E 1444 from south to north on the left side of the road near South Pandiapuram corner, at that time, the respondent No. 1 drove the vehicle bearing registration No. TN 69-C 2563 in a rash and negligent manner from north to south and dashed against the petitioners' vehicle and in that accident the petitioners and their daughter Anandha Sheeba were thrown away from the vehicle and sustained grievous injuries. Thereafter, they were taken to Government Hospital, Tuticorin and the petitioners' daughter Anandha Sheeba was declared dead due to the accident. Therefore, the petitioners have filed a claim petition before the Tribunal claiming compensation of Rs. 3,00,000.

(3.) The respondent No. 2-insurance company has filed counter and opposed stating that the petitioners cannot claim compensation for their adopted child and as long as the biological father is alive, the present petitioners cannot make any claim for the death of the deceased Anandha Sheeba due to the reason that the adoption is legally not valid.