SHANTHI SELVAM Vs. K ANNAMALAI

JUDGEMENT

(1.) Not being satisfied with the quantum of compensation awarded by the Tribunal, challenging the award, dated 8.7.2003 passed in M. A. C. T. O. P. No. 466 of 1996 on the file of the Motor Accident Claims Tribunal, Small Causes Court, Chief Judge, Chennai, the legal heirs of the the deceased V. Selvam, have filed the present appeal.

(2.) It is the case of the appellants/claimants that the deceased Selvam died in the motor accident that occurred on 27.7.1995 involving the lorry bearing Registration No. TNW 8901 owned by the 5th respondent and insured with the New India Insurance Company, the respondents 3 and 4 in the present appeal. The accident had occurred when the deceased Selvam was riding his Scooter bearing Registration No. TCZ 8684 from East to West on the GST Road, Chennai, near Cemetry Road Junction, a Lorry bearing Registration No. TNW 8901, which was driven by the second respondent, came in the opposite direction and suddenly took a right turn in a rash and negligent manner and hit against the Scooter and as a result, the wheel of the lorry ran over the abdomen of the deceased Selvam and he died on the spot. Hence, the claim petition was filed by the claimants claiming a compensation of Rs. 52,00,000/-. But in the present appeal, the claim was restricted to Rs. 35,00,000/-.

(3.) The claim petition was resisted by the Insurance Company by filing a counter denying the negligence of the driver of the said lorry and thereby denying the liability of the insured and the insurer of the said vehicle.