(1.) The Civil Miscellaneous Appeal is filed challenging the portion of the award dismissing the claim petition as against the 2 nd respondent/Insurance Company as well as for enhancement of compensation granted by the Tribunal in the award dated 11.02.2016 made in M.C.O.P.No.9 of 2013 on the file of Motor Accident Claims Tribunal, Special District Court, Villupuram.
(2.) The appellants are claimants in M.C.O.P.No.9 of 2013 on the file of Motor Accident Claims Tribunal, Special District Court, Villupuram. The appellants filed the said claim petition claiming a sum of Rs.9,00,000/- as compensation for the death of one Venkatesan, who died in the accident that took place on 21.08.2008.
(3.) According to the appellants, on the date of accident i.e., on 21.08.2008 at 10.00 a.m., while the appellants along with the deceased and others were travelling in a Mahindra Champion mini lorry bearing Registration No.TN 32 U 1206 from West to East direction in Veerabayangaram village, the driver of the said mini lorry drove the same in a rash and negligent manner, turned left side, capsized on the pit and caused the accident. Due to the said accident, the said Venkatesan succumbed to his injuries in the hospital on 24.08.2008. Therefore, the appellants filed the above said claim petition claiming compensation against the respondents.