L.KALYANI Vs. M.SENCHIL NATHAN

JUDGEMENT

(1.) This MACMA is filed under Sec. 173 of the Motor Vehicles Act, 1988 by the appellants/petitioners aggrieved by the order and decree dtd. 28/7/2009 passed in O.P.No.2005 of 2006 by the II Additional Chief Judge-Cum-Motor Accident Claims Tribunal, City Civil Courts, Hyderabad (hereinafter referred to as 'the Tribunal').

(2.) For convenience, the parties will be hereinafter referred to as they are arrayed before the Tribunal.

(3.) Brief facts of the case are that the petitioners filed a claim petition claiming compensation of Rs.16,00,000.00 on account of the death of L.Susheel Kumar (hereinafter referred to as "the deceased") in an accident that occurred on 3/12/2005, by motor vehicle. 3(1) It is stated that on 3/12/2005 at about 4.45 P.m. the deceased was slowly walking on the extreme left side of the mud road on National Highway No.7 in Namakkal district, Tamilnadu, meanwhile a bus bearing No.TN 28J 5563, driven in a rash and negligent manner by its driver, dashed the deceased. As a result, the deceased sustained grievous head injuries and several other injuries. The deceased was taken to CM Hospital, Pulavarpalayam, and thereafter, he was shifted to Gokulam Hospital, Selam, Tamilnadu. While undergoing treatment, the deceased succumbed to the injuries. The Paramathi Police registered a case in Crime No.316/2005. Hence, the claim petition.