GUNASEKARAN Vs. MUTHUKRISHNAN

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.872 of 2018, dtd. 25/4/2022, on the file of the Motor Accident Claims Tribunal/ Additional District Judge, Pudukottai.

(2.) The appellants/claimants, who were awarded with Rs.1,50,000.00 with interest at 7.5% per annum and costs for the death of Lakshmana Kumar, who died consequent to an accident occurred on 27/9/2018, challenged the quantum of compensation awarded at by the Tribunal and claimed enhancement of the same.

(3.) Admittedly, the first appellant/first claimant is the brother of the deceased Lakshmana Kumar, that the second appellant/second claimant is the wife of the first appellant/claimant, and that the appellants 3 and 4/claimants 3 and 4 are the children of the appellants 1 and 2. The case of the claimants is that on 27/9/2018, when the deceased Lakshmana Kumar and his friend Muthuselvan @ Kesavan were proceeding in a two wheeler bearing Registration No.TN-55-U-3976 from Nagamangalam to Duraikkudi in Nasareth to Nagamangalam thar road near Pidarampatti Arulsami's house, a Tanker Lorry bearing Registration No.TN-28-L-3378 came in the same direction from North to South in a rash and negligent manner and without following the traffic rules, had dashed against the two wheeler and as a result of which, Lakshmana Kumar was thrown out and died on the spot and that the accident was occurred only due to the rash and negligent driving of the driver of the Tanker Lorry.