- (1.) THE appellant / second respondent has preferred the present appeal in C.M.A.No.1122 of 2004, against the judgment and decree passed in M.C.O.P.No.376 of 2002, on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Tirunelveli.
(2.) THE short facts of the case are as follows:- The petitioners, who are the wife and minor children of the deceased Muthiah have filed a claim in M.C.O.P.No.376 of 2002, claiming compensation of Rs.5,00,000.00 from the respondents, for the death of the said Muthiah in a motor vehicles accident. It was submitted that on 04.08.2000, the deceased was travelling as a pillion rider in the cycle ridden by his friend Mariappan and they were proceeding from Thirukudapuram, and travelling on the left side of the road towards north, the first respondent's lorry bearing Registration No.TN-U- 2406, coming from north to south, and driven by its driver at a high speed and in a rash and negligent manner dashed against the cycle. In the impact, the (deceased) Muthiah sustained grievous injuries over the head and immediately thereafter he was admitted at the Government Hospital at Kadayanallur, wherein first aid was given. He was referred to Tirunelveli Medical College Hospital at Palayamkottai, where he was admitted as an inpatient from 04.08.2000 to 21.08.2000. Even before till recovery, he was discharged from hospital. Even after continuous treatment, the (deceased) Muthiah died on 24.02.2001. The deceased was aged 40 years at the time of accident and was working as an agricultural coolie and earning not less than Rs.2,000.00 per month. Hence, the petitioners, who are the dependants on the income of the deceased have filed the claim against the first and second respondents, who are the owner and insurer of the lorry bearing Registration No.TN-U-2406.
(3.) THE second respondent in his counter has submitted that the deceased Muthiah has not passed away due to the alleged injuries sustained by him in the accident and that there is no connection between the injuries sustained by him in the accident and the injuries said to have been sustained by him before his death. It was submitted that the deceased was treated in the hospital and after his complete recovery, he was discharged from the hospital about 6 1/2 months prior to his death. It was submitted that he had been discharged in a good and normal condition. It was submitted that the driver of the lorry bearing Registration No.TN-U-2406 did not have an effective and valid driving licence at the time of accident. The averments in the claim regarding age, income and occupation of deceased, the nature of injuries sustained by him, the manner of accident were also not admitted. It was submitted that on 04.08.2001, at about 04.10 p.m., the lorry involved in the accident was driven slowly and carefully from south to north and that the cyclist who was riding on the centre of road, on hearing the horn of the lorry, lost control and dashed against the lorry. It was submitted that the accused occurred only due to negligence of the cyclist. It was submitted that the claim was excessive.;