LAWS(MAD)-2021-7-274

P. RAJENDRAN Vs. U. R. AYYAVVU NAICKER

Decided On July 28, 2021
P. RAJENDRAN Appellant
V/S
U. R. Ayyavvu Naicker Respondents

JUDGEMENT

(1.) The matter is heard through "Video Conferencing/Hybrid mode". This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the Tribunal in the award dated 01.03.2014 made in M.C.O.P.No.3079 of 2012 on the file of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai.

(2.) The appellants are the claimants in M.C.O.P.No.3079 of 2012 on the file of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai. They filed the above said claim petition, claiming a sum of Rs.7,00,000/- as compensation for the death of one R.Paulswamy alias Rajesh, Son of the appellants 1 & 2 and Brother of the 3 rd appellant, who died in the accident that took place on 15.06.2012.

(3.) According to appellants, on 15.06.2012 at about 16.45 hours, while the said R.Paulswamy alias Rajesh was proceeding in the cycle from West to East direction on the left side of the Manaparai Viralur Kutt Road, from Government Higher Secondary School Kavarappatti to V.Edyapatti Village, the driver of the Mini Bus bearing Registration No.TN 45 B 6269, who was driving the bus behind the said R.Paulswamy alias Rajesh, came in a rash and negligent manner at a high speed endangering public safety and dashed behind the bicycle driven by the said R.Paulswamy alias Rajesh and caused the accident. In the accident, the said R.Paulswamy alias Rajesh sustained fatal injuries and died on the spot. Therefore, the appellants filed the above said claim petition claiming a sum of Rs.7,00,000/- as compensation for the death of the said R.Paulswamy alias Rajesh against the respondents, being the owner and insurer of the mini bus respectively.