RAJAMURTHY Vs. KANDASAMY

JUDGEMENT

(1.) The judgment and decree dated 18.08.2016 passed by the learned II Additional District Judge, II Additional District Court-cum-Motor Accidents Claims Tribunal, Puducherry in M.C.O.P. No.414 of 2014 is under challenge in the present Civil Miscellaneous Appeal mainly on the ground that the quantum of compensation awarded by the Tribunal is inadequate.

(2.) The accident occurred on 30.03.2014 at about 01.30 P.M. at Pathukannu Villaianur Main Road near Bus Stop, Ulavaikal, Villianur, Pondicherry. The Puducherry Traffic Police Station registered a case in Crime No.74 of 2014. The victim died due to multiple injuries. The claim petition was filed by the father of the deceased.

(3.) The Tribunal tried the issues with reference to the documents and evidences produced by the parties to the accident claim. The Tribunal arrived a conclusion that PW-1 has produced the copy of FIR Ex.P-1 and as per the FIR, the accident occurred on 30.03.2014 at about 13.30 hours. It is stated that the driver of the car was driving the vehicle in a rash and negligent manner and therefore, he alone is responsible for the accident. The said fact corroborates with the oral evidence of PW-2. On the side of the second respondent, there was negligence on the part of the rider and they travelled as triples, which is an offence under the Motor Vehicles Act.