K. SEKAR Vs. S.R.S. TRAVELS

JUDGEMENT

(1.) Appeal by the dependants of the motor accident victim, for enhancement of compensation, being unsatisfied with the quantum of award passed by the Motor Accident Claims Tribunal, Chennai.

(2.) As per the claim petition, on 26/03/2008 around 4.30 p.m, Mr.Harikrishnan while riding along Pallikaranai Road, in his motorcycle bearing registration No.TN 07-AH-7115, near Kamachi Hospital, the driver of the stationed bus bearing registration No.TN-22- AT 8291 negligently without noticing the motorcycle, suddenly moved and hit the left side of the motorcycle. The motorcycle rider Harikrishnan was thrown away and fell on the road. He sustained grievous injury and taken to hospital. First Aid treatment was given at Kamachi Hospital. For further treatment, he was taken to Government General Hospital, Chennai. He was admitted as inpatient on 26/03/2008. At the hospital not responding to the treatment he died on 31/03/2008. The claimants, contending that the deceased was earning Rs.3,300.00pm as Supervisor at Hotel Picnic and as parent, they were depending on his income. Hence, Rs.8,00,000.00 was sought as compensation against the bus owner and the insurer of the bus.

(3.) The bus owner remained exparte. The insurance company contested the claim obtaining leave under Sec. 170 of the Motor Vehicles Act. It filed counter wherein contended that the bus bearing registration No. TN 22 AT 8291 insured with them not responsible for the said accident. The accident did not occur as narrated in the claim petition. In fact, the deceased drove his motorcycle rash and negligently, dashed against the stationed bus and sustained injury. The motorcyclist was the cause for the alleged accident. The claimants are put to strict proof of the age, income and dependency .