R.GOPAL Vs. SENTHIL KUMAR (DIED)

JUDGEMENT

(1.) This appeal has been filed by the appellant/claimant seeking enhancement of the compensation awarded in M.C.O.P.No. 366 of 2014 on the file of Motor Accident Claims Tribunal and Chief Judicial Magistrate, Tiruvannamalai.

(2.) The appellant is the claimant. The first respondent is the owner of the vehicle. First respondent is no more, hence, the 3 rd and4threspondents, who are the legal heirs of the first respondent are impleaded and the second respondent is the insurer of the offending vehicle.

(3.) It is the case of the appellant that on 17.11.2003 at about 11:00 hours, when the appellant was proceeding in his bullock cart at Thiruvannamalai to Polur Road near Ussampadu Kutu road, an auto bearing Registration No.TN-25-P-0282 came behind the bullock cart of the appellant and dashed against the same. Due to the impact the appellant sustained grievous injuries and he was immediately taken to Thiruvannamalai Government Hospital and thereafter for better treatment he was referred to Government Hospital, Chennai. The accident occurred only due to the rash and negligent act of the driver of the auto. Hence, the appellant filed a claim petition before the Tribunal, seeking compensation of Rs.5,00,000/- and the Tribunal considering the materials available on record awarded a sum of Rs.73,000/- as compensation with interest at 7.5% p.a from the date of petition till the date of realization.