DHANAM Vs. M/S VIJAYANAND ROAD LINES LTD.

JUDGEMENT

(1.) Aggrieved over the award passed by the Motor Accidents Claims Tribunal (Principal District Judge), Salem in MCOP No.1349 of 2008, the appellants herein who are the petitioners in the claim petition, have filed this appeal, in which, they are seeking the relief to enhance the compensation amount, awarded by the claims tribunal.

(2.) In the claims tribunal, the appellants have filed the claim petition under Section 163A of the Motor Vehicles Act, in which they have claimed compensation of Rs.10,00,000/- towards the death of their minor child. The 1st respondent herein is the owner of the offending vehicle bearing Regn.No.KA25-B-2157. The 2nd respondent is the insurer for the above said vehicle.

(3.) After an elaborate enquiry, the claims tribunal has held that only due to the rash and negligent act of the driver of the offending vehicle, the accident had occurred and consequently, awarded a compensation of Rs.1,31,845/-, with interest at the rate of 7.5% per annum, against which the present appeal has been preferred.