DURGA Vs. CHINNAPPARAJ

JUDGEMENT

(1.) The claimants are the appellants. Not being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, District Court, at Karaikal in MCOP No.139 of 2017, the appellants have filed the present Civil Miscellaneous Appeal before this Court seeking enhancement of compensation.

(2.) It is a case of fatal accident. The claimants are wife, children and parents of deceased. According to the appellants/claimants, on 26.01.2017 at about 03.45 p.m. when the deceased was riding his motorcycle bearing Regn.No.PY-01-CA-0363 at Bharathiyar Road, a van bearing Regn. No.TN-68-E-9501 owned by the 1 st respondent, which was insured with the 2 nd respondent came in opposite direction in rash and negligent manner and dashed against the deceased motorcycle, thereby the deceased succumbed to injuries. The deceased was working as a mason and at the time of death, he was 27 years old. He was the sole bread-winner of the family and earning a sum of Rs. 15,000/- per month. Hence, claiming the compensation of Rs.40 lakhs, the claim petition has been filed by the appellants.

(3.) The 1st respondent/owner of the vehicle remained exparte and the second respondent Insurance Company contested the claim petition on the ground that, the accident was taken place only due to the negligence of deceased, hence, the Insurance company is not liable to pay compensation. That apart, the compensation claimed by the claimants before the Tribunal is highly excessive and also disputed the monthly income of deceased.