G NAGENDRA DEVI Vs. Y MOSSES

JUDGEMENT

(1.) The claimants in M.A.C.T.O.P. No. 2074 of 1996 on the file of Motor Accidents Claims Tribunal (IV Judge, Court of Small Causes) are the appellants in the above appeal. In respect of death of one G. Krishnamurthy in a motor vehicle accident which took place on 8/9.5.1996 at 01.15 hours, wife, minor children and mother of the deceased have prayed for compensation of Rs. 7,00,000. The respondent No. 2 therein insurance company filed counter statement disputing various averments made in the claim petition.

(2.) The Tribunal, after considering the oral and documentary evidence and after holding that the accident was caused due to the negligence of the rider of the motor cycle has passed an award for Rs. 3,22,200 with interest at 12 per cent from the date of petition till the date of deposit. In view of the fact that the rider of the motor cycle was not having licence, the Tribunal restricted the award only against the owner of the motor cycle, viz., the respondent No. 1 herein.

(3.) Against that award, the claimants have preferred the present appeal seeking the liability on the insurance company as well as claiming higher compensation.