M. MOHAMMED AZHARUDIN (DECEASED) Vs. M. RAFEE

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation awarded by the Tribunal, in and by Award dated 26.03.2019 made in M.C.O.P.No.7744 of 2013 (on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai), the claimants have preferred this appeal seeking enhancement of the compensation.

(2.) The appellants/claimants are the father and mother of the deceased M.Mohammed Azharudin. It is their case that on 30.11.2013 at about 19 hours, when the deceased was riding motor-cycle bearing Registration No.TN-09-E-4433 on the Velacherry Main Road, opposite to Santhosapuram Police Check Post (from Medavakkam to Selaiyur Kamarajapuram direction), a lorry bearing Registration No.TN-01-F-3418, owned by the first respondent, came in a rash and negligent manner from behind and dashed against the motor-cycle of the deceased and in the said accident, the deceased sustained fatal injuries, thereby, lost his life. The deceased, at the time of accident, was studying First year B.E. (Civil Engineering) in Panimalar Engineering College, Chennai, and hence, the claimants have claimed a sum of Rs.83 lakhs as compensation.

(3.) The claim petition filed by the claimants was resisted by the second respondent/Insurance Company disputing the age of the deceased and also the licence of the driver of the lorry, manner of accident and stated that the deceased died due to his negligence. The Insurance Company also disputed the quantum of compensation sought for by the appellants/claimants.