JAYABALAN Vs. R LALITHA

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellants/petitioners against the Award and Decree, dated 10.11.2003, made in M.C.O.P.No.572 of 2001, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Villupuram, awarding a compensation of Rs.72,000/- together with interest at the rate of 9% 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 appellants/petitioners have filed the above appeal praying to enhance the award amount from Rs.72,000/- to Rs.2,72,000/- with interest and costs.

(3.) THE second respondent, United India Insurance Co., Ltd., Villupuram, has denied the averments in the claim that the vehicle involved in the accident had been covered under a valid and effective insurance policy at the time of alleged accident. THE second respondent has also not admitted that the driver of the vehicles had a valid and effective licence to drive the vehicle at the time of accident. It has also been specifically denied that the RC, FC, permit and driving licence were all in order at the time of accident. THE averments in the claim regarding the manner of accident was also not admitted by the second respondent. It has been stated that the accident could have happened because of the fact that the deceased might have suddenly crossed the road, without noticing the on-coming vehicle and so the deceased had contributed to the accident. It has been submitted that as the claim is excessive, it has to be dismissed with costs.