ALAMELU Vs. MINOR JANANI

JUDGEMENT

(1.) The appellants/claimants have filed this civil miscellaneous appeal praying for an enhanced compensation as against the award dated 25.9.2006 passed by Motor Accidents Claims Tribunal, Tiruvannamalai (learned District Judge, Tiruvannamalai) in MACTOP.No.885 of 2005 for the death of Ramesh in the road traffic accident on 25.10.2005.

(2.) The claimants/appellants have claimed compensation of Rs.20 lakhs for the loss of the life of one Ramesh, who is the husband of the first appellant, son of appellants 2 and 3 and father of appellants 4 to 6 by contending that on 25.10.2005 at about 3.50 pm the deceased was proceeding in his own TVS moped bearing Regn.No.25.A.5363 slowly and carefully on the left side of the road towards Vannianagaram, the first respondent bus bearing Regn.No.25.E.3846, was driven by its driver as rash and negligent manner and dashed against the deceased vehicle and the deceased was died and therefore the first respondent who is the owner of the vehicle and second respondent, who is insurer of the vehicle are liable to pay compensation to the appellants/claimants. The owner of the vehicle remained exparte.

(3.) The insurance company has contested the claim by denying the abovesaid facts stated in the claim petition and contended that the petitioner should prove all the contentions.