Vijaya vs Gunasekar - 2022 Supreme(Mad) 3421

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 3421

P. T. ASHA
Vijaya – Appellant
Versus
Gunasekar – Respondent

Advocates appeared:
For the Appellants:N.M. Muthurajan, Advocate. For the Respondent:R2, D. Bhaskaran, Advocate, R1, No Appearance.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Decree and Judgement dated 02.08.2013 MACT.O.P.No.5869 of 2011, on the file of the IV Small Causes Court, (Motor Accidents Claims Tribunal), Chennai.)

1. The legal heirs of the deceased Suresh who are the petitioners before the Motor Accident Claims Tribunal, Chennai, are the appellants before this Court. The appellants had filed the above claim petition seeking compensation of a sum of Rs.24,00,000/- for the death of the said Suresh in a road accident on 08.07.2011.

2. It is the case of the appellants that on the said date at about 3.45 PM, the deceased was walking alone at Chennai Bangalore highway and when he neared Saint Gobian Co., a Tata Indica Car bearing registration No.TN 23 AM 0151 belonging to the 1st respondent and driven by him in a rash and negligent manner hit the deceased from behind causing fatal injuries to him. The appellants had therefore claimed a compensation from the 1st respondent being the owner cum driver and the 2nd respondent, the insurer.

3. Though the 1st respondent had entered appearance through counsel, later he did not file his counter and th