KUMARADEVI Vs. SAFIULLAH

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the appellants/claimants for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Principal District Judge, Ariyalur, in M.C.O.P. No. 51 of 2019 dated 01.07.2020.

(2.) As per the averments in the claim petition filed before the Tribunal,on 24.11.2018 at about 7.00 p.m., while the deceased was riding a Two Wheeler TVS Port bearing registration number TN 61 K 2938 from Jayankondam to Viruthachalam Road, at that time, the first respondent's driver drove a Benze Lorry bearing registration number TN 32 AF 7788 in a rash and negligent manner and dashed against the deceased. Due to the said accident, the deceased sustained grievous injuries and died on the spot. Hence the petitioners/legal heirs claimed a sum of Rs.1,10,00,000/- towards compensation for the death of the deceased in the accident.

(3.) Before the Tribunal, the 2nd respondent/insurance company filed counter by denying the manner of accident as alleged in the claim petition. The Insurance Company also pleaded contributory negligence on the part of the deceased. It is also stated that the petitioner was not having any valid license at the time of accident. It is further stated that the age, occupation and monthly income of the deceased are denied as false. The petitioners are not dependents to deceeased. The first respondent's vehicle was not insured with the second respondent at the time of accident. Hence, the Insurance Company prayed for dismissal of the petition.