THILAGAVATHI Vs. MOHAMED YUNUS

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 05.01.2019 made in M.C.O.P.No.1174 of 2016 on the file of the Motor Accident Claims Tribunal / Special District Judge, Salem.

(2.) The learned counsel appearing on behalf of the appellants/claimants mainly contended that the award of compensation passed by the Tribunal and the compensation granted is inadequate and not in commensuration with the gravity of the grievous injuries sustained by the victim, who died subsequently.

(3.) The accident occurred on 15.04.2015 at about 05.30 a.m at G.S.T.Road, Opposite Indian Petrol Bank, Maraimalai Nagar, Kancheepuram District. Maraimalai Nagar Police Station, Kancheepuram District registered a case in Crime No.331/2015 under Sections 279 and 337 IPC. The victim/deceased sustained grievous injuries and died after a lapse of about 73 days. However, the appellants/claimants are unable to establish that the death occurred due to the accident. The Tribunal adjudicated the issues and arrived a conclusion that the Motor Cycle bearing Registration No.TN-19-D-7819 is responsible for the accident and accordingly, fixed the compensation, made liable the Insurance company to pay compensation. Even before the Tribunal, the appellants/claimants could not able to establish the death of Mr.Kuppusamy occurred due to the injuries sustained. The accident, which occurred on 15.04.2015. In other words, the appellants/claimants are unable to relied on the death occurred with the accident. Thus, the Tribunal considered the nature of the injuries sustained by the deceased person at the time of accident and accordingly, awarded compensation. A sum of Rs.3,20,100/- is awarded as total compensation. This Court do not find any perversity or error apparent in awarding the compensation with reference to the injuries sustained by the victim/deceased and further, the death of the victim after a lapse of about 73 days is no way connected with the accident and the appellants/claimants are also unable to establish the same.