SUGUNA Vs. PRASATH

JUDGEMENT

(1.) The appellants herein are the claimants before the Motor Accident Claims Tribunal. Not satisfied with the compensation of Rs.9,45,050.00 awarded by the Motor Accident Claims Tribunal for the death of Raja in the road accident on 15/10/2009, this appeal under Sec. 173 of the Motor Vehicles Act, 1988 is preferred by them.

(2.) The facts of the case as narrated in the claim petition is that, on 15/10/2009 at about 16.00 hrs when the said Raja was riding his motor cycle bearing registration No. TN 32 D 6981, at Villupuram to Ulundurpet Main Road, near Vandipalayam Bus Stop, he was hit by the car bearing Registration No. TN 02 AD 5063 driven rash and negligently by the first respondent. The said Raja died instantly. At the time of his death, he was 25 years old earning about Rs.400.00 per day as Mason. His wife, a minor son aged 3 years and parents were dependents on him. Assessing the loss at Rs.10.00 lakhs, but restricting the claim to rupees Seven lakhs for the purpose of Court Fees, the dependents joined together and filed the claim petition before the Motor Accident Claims Tribunal III, Court of Small Causes at Chennai.

(3.) The owner cum Driver of the offending vehicle and the insurance company with which the offending vehicle was insured were arrayed as respondents in the claim petition.