GRACY Vs. KANTHASAMY

JUDGEMENT

(1.) Seeking enhancement of compensation, the appellants/claimants have preferred this Civil Miscellaneous Appeal against the award, dtd. 9/5/2017 passed in M.C.O.P.No.111 of 2014, on the file of the Motor Accident Claims Tribunal (Special Court for EC and NDPS Act Cases), Pudukkottai.

(2.) In the said M.C.O.P, the appellants/claimants 1 and 2 are the wife and child of the deceased-George William. The Tribunal had awarded a sum of Rs.41,00,000.00 on various heads. The said award is now challenged in the present Civil Miscellaneous Appeal only on the quantum.

(3.) The brief facts relevant for the consideration of the above case are that on 31/12/2013 at about 14.30 hours, the deceased-George William was riding his Hero Honda Pleasure moped bearing Registration No.TN-63-AX-4912 along with his wife/first appellant, his son/second appellant and his daughter. While he was proceeding from Pudukottai to Alangudi in Pudukottai Thirumayam NH 36 road near Enayampatti Village, his daughter asked for water. Hence, the deceased had stationed the moped on the mud road and in a sitting position, he had been giving water to his daughter and his wife and son/second petitioner were standing near to them. At that time, a Tata Sumo Victa Car bearing Registration No.TN-45-AK-8685, belonged to the second respondent was driven by the first respondent in a rash and negligent manner, came on the wrong side towards East and dashed against the moped of the deceased and capsized in the near by canal. As a result of the accident, the deceased and his daughter sustained fatal injuries and died on the spot. The first and second appellants sustained grievous injuries all over the body and they were taken treatment. Hence the appellants/claimants, as legal heirs of the deceased, has filed this claim petition claiming a compensation of Rs.2,97,48,205.00.