R.M.KAVERI Vs. P.ALAGAPPAN

JUDGEMENT

(1.) This matter is heard through "Video-Conferencing". The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the Tribunal in the award dated 16.09.2013 made in M.C.O.P.No.1769 of 2011 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai.

(2.) The appellants are the claimants in M.C.O.P.No.1769 of 2011 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai. They filed the said claim petition claiming a sum of Rs.35,00,000/- as compensation for the death of one K.M.Ramasamy, who died in the accident that took place on 24.03.2011.

(3.) The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the deceased as well as the driver of the lorry belonging to the 1 st respondent, fixed 50 : 50 contributory negligence on the part of the deceased as well as the driver of the lorry, awarded a sum of Rs.12,45,000/- as compensation to the appellants and directed the 2 nd respondent being insurer of the said lorry to pay a sum of Rs.6,22,500/- being 50% of the award amount as compensation to the appellants.