VISALATCHI Vs. NAGARAJAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are aggrieved by the order dtd. 4/2/2020 passed by the High Court of Judicature at Madras whereby their appeal against the order dtd. 29/12/2006 passed by the Motor Accident Claims Tribunal at Karaikal (for short, 'the Tribunal') in M.A.C.T.O.P.No.232/2004 has been dismissed.

(3.) The above-stated Claim Petition arose out of the death of one Swaminathan, who while riding on his motorcycle Hero Honda Splendor Plus bearing Reg.No.TN 50 - C 2064 on 4/9/2004 at 9.00 P.M. was allegedly hit by CRC Load Van bearing Reg.No.TM 51-5107, which came from the opposite direction. Swaminathan sustained severe injuries on his right side neck, shoulder and right side leg. Immediately, he was taken to the Government Hospital, Karaikal but it was too late and he was declared dead. A case - Cr.No.125 of 2004 was registered at the Police Station Pattinam under Sec. 304-A IPC. The deceased was 32 years' old. The appellants who claim to be dependents on the deceased filed a Claim Petition which was allowed by the Tribunal to the extent that a meagre compensation of Rs.52,000.00 with interest at the rate of 7.5% was awarded to the appellants. They went in appeal before the High Court but unfortunately their appeal was dismissed.