P. PONNAMMAL Vs. V.SEKAR

JUDGEMENT

(1.) The appellants are the claimants in MCOP No.437 of 2009 on the file of the Principal District Judge, Motor Vehicle Accident Claims Tribunal, Erode and they filed the said claim petition seeking compensation of Rs. 7,50,000.00 for the death of one Palanisamy, husband of the first claimant and father of the 2nd claimant.

(2.) The brief case of the appellants/claimants is as follows. On 13.02.2009, the deceased Palanisamy was riding his two wheeler bearing registration No. TN-33-D-7672 with his wife as pillion rider on Perundurai - Chennimalai Road. At about 3.45 p.m., when he was nearing Bharat Pertrol Bunk, a speeding lorry bearing registration No.TAA-7479 belonging to the 2nd respondent hit the two wheeler, as a result of which, the deceased Palanisamy died on spot. According to the claimants, the deceased was aged about 56 years on the date of accident and was doing business by selling fire-wood earning a sum of Rs. 10,000.00 per month. It is further contended by them that the rash and negligent driving of the driver of the lorry was the cause of the accident and that since the 2nd respondent, owner of the lorry insured his vehicle with the 3rd respondent, the Oriental Insurance Company limited, both of them are jointly and severally liable to pay compensation to them.

(3.) The respondents filed their respective counters before the tribunal and contested the claim petition.