- (1.) THE appellants/claimants had filed in M.A.C.T.O.P.No.112 of 2001, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Kanyakumari District, Nagercoil and claimed compensation of a sum of Rs.10,99,500/- with interest against the respondents herein stating that when the claimant's father viz., Vijayakumar, was proceeding on his motorcycle on the Nagercoil-Kanyakumari Highways Road, on 13.09.1999, at about 17.30 hours, the 2nd respondent's vehicle i.e., the tractor bearing registration No.TN-72B-6846, driven by its driver, the 1st respondent herein, in a rash and negligent manner, dashed against the motorcyclist. As a result, the (deceased) Vijayakumar was injured and he succumbed to his injuries. The said vehicle had been insured with the 3rd respondent. Hence, the claim petition.
(2.) THE 3rd respondent/United India Insurance Company, had filed a counter statement and opposed the claim petition. The respondent denied the averments in the claim that the accident had been caused by the driver of the tractor. In the said accident, as two vehicles were involved and as such the owner and insurer of the two wheeler are also necessary parties. The respondent denied the averments in the claim regarding the age, income and occupation of the deceased. It was submitted that the accident was caused due to the negligence of the deceased, who had overtaken a stationery bus parked ahead of him, came into the right side of the road and dashed his vehicle against the tractor. The respondent further stated that the driver of the tractor was not possessing a valid driving licence. The 1st respondent had filed counter statement stating that the time of accident he was possessing a valid driving licence. The 2nd respondent, i.e., owner of the tractor in his counter submitted that the 1st respondent is a qualified driver and he was having a valid driving licence. It was submitted that the driver of the 2nd respondent's vehicle, i.e., the 1st respondent had not been rash and negligent in his driving, as alleged in the claim. After considering the averments of all parties, the Tribunal had framed two issues for consideration in the case namely: (1)Whether the accident had been caused by the rash and negligent driving of the 1st respondent?; (2)Whether the claimants are entitled to receive compensation?; On the side of the claimants, eleven documents were marked namely: Ex.P1- F.I.R; Ex.P2-observation Mahazar; Ex.P3-rough sketch; Ex.P4-post mortem report; Ex.P5-Motor Vehicle Inspector's Report; Ex.P6-School certificate of deceased; Ex.P7-salary certificate; Ex.P8-legal heir certificate; Ex.P9-driving licence of the deceased, Exs.P10 and P11-claimant's birth certificates. On the side of the respondent's no witness, no documents. On the side of the claimants, two witnesses were examined.
(3.) PW .1, had adduced evidence stating that the (deceased) Vijayakumar had ridden his "TVS-Champ Moped", bearing registration No.TN-74B-6788, on 13.09.1999, at about 05.30 p.m., along with the claimants herein on the Kanyakumari to Nagercoil road and at that point of time, the 2nd respondent's vehicle, coming in the opposite direction and driven by the 1st respondent in a rash and negligent manner dashed against the motorcyclist. PW.1, further stated that the deceased wife predeceased him and that the claimants are the minor son and minor daughter and that he is the maternal uncle of the claimants. At the time of accident, the deceased's age was 42 years and he was working as Assistant at a Polytechnic Institution and was earning Rs.3,289/- as salary per month. PW.2, the eyewitness, has spoken on the same lines as PW.1, regarding the accident.;