DISTRICT COLLECTOR Vs. PONNAMMAL AND ORS

JUDGEMENT

(1.) Challenge is made in this appeal to the award of Rs. 3,22,000/-, dated 17.12.2007 and made in M.C.O.P. No. 88 of 2007 on the file of Motor Accident Claims Tribunal (Principal District Judge), Theni, by the Appellant, who is the Respondent in the claim petition.

(2.) The facts, which is absolutely necessary for the disposal of the Civil Miscellaneous Appeal are as under:

(3.) The Appellant/Respondent had contested the claim petition on the ground that the deceased himself was at fault. Both parties to the claim petition went for trial. Including the first Respondent/first claimant two witnesses were examined on behalf of the claimants. During the course of their examination Ex.P.1 to Ex.P.5 were marked. On the other hand, neither oral nor documentary evidence was adduced on behalf of the Appellant/Respondent.