S.DHANALAKSHMI Vs. E.MOHAN

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the appellants/claimants for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Small Causes Court, Chennai, in M.C.O.P. No. 4210 of 2007 dated 15.06.2012.

(2.) As per the averments in the claim petition filed before the Tribunal,on 14.10.2007 at about 15.30 hrs while the deceased was proceeding in the motor cycle bearing registration number TN 20 AB 4086 from 2 nd street, Nesamani Nagar, Perumbakkam towards Nesamani Nagar Main Road Junction, a tipper lorry bearing registration number TN 05 C 8826 came in a rash and negligent manner in a reverse direction to the Nesamani Nagar 2 nd Street and hit the deceased which led to the death of the deceased. The claimants are the wife, minor children of the deceased and parents of the deceased. The claimants claimed a sum of Rs.15,00,000/- towards the compensation for the death of the deceased/P.Shanmugam.

(3.) Before the Tribunal, the first respondent remained ex-parte and the 2 nd respondent insurance company filed counter by denying the manner of accident as alleged in the claim petition. The Insurance Company resisted the claim petition by stating that the deceased failed to observe traffic on the road and tried to cross the junction and in that process the deceased dashed against the said lorry and the deceased was solely responsible for the said accident. Even though the insurance company is the insurer of the offending vehicle, contributory negligence is there on the part of the deceaseed. The Insurance Company also disputed the age and occupation of the deceased and also the amount of compensation claimed under various heads.