SECRETARY TO GOVT. Vs. P.SRINIVASAN

JUDGEMENT

(1.) C.M.A.No.296 of 2021 has been filed by the appellants against the judgment and decree dtd. 22/11/2019, made in M.C.O.P. No.5187 of 2016, on the file of the Special Sub Court - II, Small Causes Court, (Motor Accident Claims Tribunal), Chennai. Cross Objection No.100 of 2022 has been filed by the appellants-claimants seeking enhancement of the compensation granted by the Tribunal in the said award.

(2.) The respondents filed M.C.O.P. No.5187 of 2016, on the file of the Special Sub Court - II, Small Causes Court, (Motor Accident Claims Tribunal), Chennai, claiming a sum of Rs.50,00,000.00 as compensation for the death of one S.Manikandan, who died in the accident that took place on 26/5/2016.

(3.) According to the respondents, on the date of accident, at about 10.00 a.m., when their son viz., S.Manikandan was riding a Motorcycle from Palavakkam to Uthukottai, while nearing Julia Hospital, the driver of the Tata Sumo Car bearing Registration No.TN-20-G-0294 owned by the 1st appellant drove the same in a rash and negligent manner and dashed on the Motorcycle driven by the said S.Manikandan and caused the accident. In the accident, the said S.Manikandan fell down, sustained multiple fractures and grievous injuries all over the body and was admitted in the Ramachandra Hospital, Porur, Chennai. Inspite of treatment, the said S.Manikandan died on 25/6/2016 at Government Hospital, Thiruvallur. The accident occurred only due to rash and negligent driving by the driver of the Tata Sumo Car owned by the 1st appellant and hence, the respondents filed the said claim petition claiming compensation for the death of their son S.Manikandan against the appellants as owner of the Police Car.