JAYARAMAN Vs. CHANDRA

JUDGEMENT

(1.) The appeal is preferred by owner of the vehicle against the award of the Motor Accidents Claims Tribunal/Additional District Court, Chidambaram passed in MACT.OP. No. 473 of 2003 dated 03.03.2004.

(2.) The brief facts leading to the appeal are: The wife and her sons filed the claim petition in MCOP. No. 188 of 2001 claiming compensation of Rs. 7,00,000/- for the death of Swamikannu. It is stated in the claim petition that the deceased Swamikannu was an agriculturist and was earning a sum of Rs. 200/-per day; On 06.02.2001 at about 5 p.m., in Vadakkumangudi Village, the deceased was attending his agricultural work and owing to the rash and negligent act of the driver, the trailer hit against the deceased, he fell down and was run over by the trailer and died at the spot.

(3.) After the analysis of records, the learned Judge of the Tribunal has fastened the liability for causing the accident on the Respondents 1 and 2 therein/5th Respondent and Appellant herein and consequently directed them to pay the compensation of Rs. 3,85,000/- with interest at the rate of 9% per annum.