D CHINNAMMAL Vs. A ANSAR ALI

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Fair and Decreetal order dated 26.10.2010 made in MCOP.No.188 of 2008 on the file of the Motor Accident Claims Tribunal/Additional Sub Court, Erode (Transferred MCOP.No.495 of 2008 of District Court, Erode.)

(2.) For sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 03.01.2008 at about 10.30 a.m., when the deceased Duraisamy and one Chinnasamy were standing on the extreme southern side of Erode to Perundurai Main Road, near Annamar Lodge in front of Ravi Mess, a Van bearing Registration No.KL-09-U-9703, owned by the first respondent and insured with the second respondent, came at high speed, driven in a rash and negligent manner and dashed against the deceased, who suffered severe injuries and immediately he was taken to the Hospital. Subsequently, he died in the Hospital. The first petitioner is the wife, 2nd and 3rd petitioners are unmarried daughters, 4th petitioner is son and 5th petitioner is mother of the deceased and they contend that the negligence of the first respondent vehicle driver alone is responsible for the accident. According to the petitioners, the deceased was aged about 40 years at the time of the accident and he was working as Chief Dying Master at Mahalakshmi Dying Factory and earned a sum of Rs.15,000/- per month. The deceased was only kartha and bread winner of the family. On account of untimely death of him, the entire family collapsed and their future prospectus are affected. Thus, the petitioners sought for compensation of Rs.15,00,000/- from the respondents.