N.R. BUHARI NALEEM @ BUHARI Vs. P.MANICKAM

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed by the claimants against the Judgement and Decree dated 4.10.2007 made in MCOP.Nos.616, 617, 618 and 619/2004 by the learned VI Judge, Small Causes Court (MACT) Chennai, whereby the Tribunal awarded a sum of Rs.2,84,000/- as total compensation with interest at 7.5 per cent p.a. to the injured claimant (N.R.Buhari Naleem @ Buhari) in MCOP.No.616/ 2004 for the injuries sustained by him in the motor accident that had occurred on 6.10.2002, a sum of Rs.1,62,000/- as total compensation with interest at 7.5 per cent p.a. to the claimants in MCOP.No.617/2004, who are the parents of the deceased child, aged about 4 years old who died in the same accident, a sum of Rs.1,30,000/- as total compensation with interest at 7.5 per cent p.a. to the injured claimant (M.A.Muthu Rizwana Begum) in MCOP.No.618/2004 for the injuries sustained by her in the same accident and a sum of Rs.3,17,000/- as total compensation with interest at 7.5 per cent p.a. to the injured claimant (N.Fathimuthu @ Fathima) in MCOP.No.619/2004 for the injuries sustained by her in the same accident.

(2.) The brief facts are that on 6.10.2002 at 6.30 hours, when the injured claimants and the deceased child were travelling in the Car bearing Reg.No.TN-01-U-8822 from South to North in GST Road, near Pakkam Railway Station, Melmaruvathur, the Lorry bearing Reg.No.TAL-3639 coming in the opposite direction dashed against the Car, due to which, the injured claimants sustained grievous injuries and the deceased child sustained fatal injuries. The injured were admitted in the Government Hospital, Chengalput. The claimants claimed compensation for the injuries sustained by them as well as for the death of the deceased child before the Tribunal. The Tribunal held that the accident had occurred due to the rash and negligent driving of the driver of the offending vehicle and awarded compensation as stated above. As against the same, these Civil Miscellaneous Appeals have been filed by the claimants for enhancement of the compensation.

(3.) This court heard the submissions of the learned counsel on either side and also perused the materials on record.