SAGUNTHALA Vs. BAKKIYAM

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed against the judgment and decree dated 18.08.2018 passed in M.C.O.P.No.459 of 2015 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Namakkal.

(2.) The Civil Miscellaneous Appeal on hand is filed, seeking enhancement of compensation as the appellants are of an opinion that the compensation awarded by the Motor Accident Claims Tribunal is not a just compensation and therefore, the appeal is filed.

(3.) The accident occurred on 08.03.2015 at about 3.30 p.m at Namakkal Town Bazaar Main Road and near Sengelineer Pillayar Kovil. The deceased was aged about 23 years at the time of accident and he was working as a Coolie. Due to the accident, he sustained grievous injuries in his head and further, suffered multiple injuries. He was admitted in the hospital and died on 14.03.2015. The father and mother are the claimants before the Tribunal and the Claim Petition is filed, seeking the compensation of a sum of Rs.30,00,000/-. The Claim was contested by the United India Insurance company and the Tribunal adjudicated the issues with reference to the documents as well as the evidences produced by the respective parties. Even as per the Claim petition, the deceased Subramani @ Subramaniam was hale and healthy and at the time of accident, he was aged about 23 years and was earning a sum of Rs.15,000/- per month. He was the sole breadwinner of his family and the claimants were the Dependants of the deceased. The Tribunal with reference to the negligence, considered the copy of the F.I.R/Ex.P1 and the other evidences. P.W.3, an important witness, deposed in his Chief Examination that the Bus Driver was driving the bus in a rash and negligent manner and the deposition of P.W.3 was cogent and the facts were narrated in a clear manner. Based on the F.I.R/Ex.P1 and the evidence of ocular witness P.W.3, the Tribunal without any hesitation, arrived a conclusion that the accident occurred due to the rash and negligent driving of the driver of the bus bearing Registration No.TN 28 AX 3747.