V RAMAR Vs. RAMALINGAM

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/first respondent against the Award and Decree, dated 26.12.2005, made in M.C.O.P.No.220 of 2005, on the file of the Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi, awarding a compensation of Rs.1,53,300/- together with interest at the rate of 7.5% per annum from the date of filing the petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/first respondent, V.Ramar, has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) The short facts of the case are as follows: On 24.02.2003, at 01.00 hours, when the (deceased) Ramachandran was walking, carefully, on the mud portion of the road towards Kaduvanur, the first respondent's tractor bearing registration No.TN47 C9049, driven at a high speed and in a rash and negligent manner by its driver, dashed against the (deceased) Ramachandran. Due to the the said accident, the (deceased) Ramachandran sustained grievous injuries and died on the spot. The (deceased) Ramachandran was aged about 15 years at the time of the said accident and he was shepherding five cows and earning an income of Rs.3,000/- per month. The petitioners, who are the parents of the (deceased) Ramachandran, have claimed a compensation of Rs.5,00,000/- from the first and second respondents, the owner and insurer of the said tractor involved in the said accident, under Section 166 of the Motor Vehicles Act.