P RADHAKRISHNAN Vs. M MURUGESAN

JUDGEMENT

(1.) This is an appeal filed by The claimants under Section 173 of The Motor Vehicles Act, 1988 against The Judgement and award dated 5.8.2004 made in MACTOP.No.424/2003 by The learned Additional Special Judge (MACT) Krishnagiri, exonerating The Insurance Company from The liability to pay compensation and also against The quantum determined by The Tribunal.

(2.) By The impugned award, The Tribunal partly allowed The claim petition of The Appellants/claimants filed under The provisions of The Motor Vehicles Act claiming compensation for The death of one R.Parandaman and accordingly, awarded a sum of Rs.1,70,000/- as total compensation and fastened The liability on The owner/1st Respondent herein. It is against this award, The claimants, asking for enhancement in The compensation determined by The Tribunal and also exonerating The Insurance Company from The liability to pay compensation, have filed this appeal.

(3.) Mr.P.Udayashankar, The learned counsel for The 2nd Respondent Insurance Company, relying upon The decision of a three Judges Bench of The Honourable Supreme Court rendered in The case of Deepal girishbhai Soni and others Vs. United India Insurance Company Limited, 2004 ACJ 934, contended that when The claimants have chosen to file The claim petition under Section 163A of The Motor Vehicles Act and are conscious of The fact that The deceased sustained injuries only on account of his negligence as he travelled as a footboard traveller, they cannot change over The provisions of law before this court in The appeal seeking enhancement of The award invoking Section 166 of The said Act.