L. MOHANDAS Vs. S.DHIVAKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellants-claimants challenging the portion of the award dismissing the claim petition as against 2nd respondent-Insurance Company and for enhancement of compensation granted by the Tribunal in the award dtd. 17/9/2019, made in M.C.O.P.No.3111 of 2009, on the file of the Motor Accident Claims Tribunal, VI Small Causes Court, Chennai.

(2.) The appellants are the claimants in M.C.O.P.No.3111 of 2009, on the file of the Motor Accident Claims Tribunal, VI Small Causes Court, Chennai. They filed the said claim petition claiming a sum of Rs.83,00,000.00 as compensation for the death of one M.Jesudos, who died in the accident that took place on 22/1/2009.

(3.) According to appellants, on 22/1/2009, at about 2.45 P.M., while the deceased M.Jesudos was riding the motorcycle bearing Registration NO.TN 22 AZ 5893 from Padappai to Tambaram opposite to Pattammal Gas Agency near Mudichur Road, suddenly a lorry loaded with sand bearing Registration No.TN 20 BZ 5600 driven by its driver in rash and negligent manner, without following the traffic rules came in the same direction and hit behind the motorcycle driven by the said M.Jesudos. Due to the said impact, the said M.Jesudos was dragged about 15 feet and the front wheel of the lorry ran over the stomach of the said M.Jesudos and died on the spot. Hence, the appellants filed the said claim petition claiming compensation against the respondents, being the owner and insurer of the lorry respectively.