DEIVANAYAGAM Vs. N. RAMANATHAN

JUDGEMENT

(1.) The appeal is preferred by the appellant-claimant against the award dated 28.12.2004 made in M.C.O.P.No.643 of 2002 by the Motor Accident Claims Tribunal (Additional District Court Fast Track Court No.III) at Namakkal.

(2.) Background facts in a nutshell are as follows:

(3.) The learned counsel appearing for the appellants vehemently contended that the Tribunal is wrong in holding that the claimants have not proved the negligence on the part of the driver of the lorry. P.W.2, who is an independent witness, had also deposed in his evidence that the lorry was driven by its driver in a rash and negligent manner and caused the accident. Hence the Tribunal ought to have awarded compensation as claimed by the claimants and the Tribunal has not followed the principles of assessment before passed the award. Therefore, the order passed by the Tribunal is not in accordance with law and it is a fit case for enhancement.