MALLIGESWARI Vs. SAKTHI KIRUBA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the appellants/claimants seeking enhancement of compensation granted by the Tribunal in the award, dtd. 19/9/2017 in M.C.O.P.No.596 of 2016 on the file of the Motor Accident Claims Tribunal and Special District Judge, Salem.

(2.) The appellants are claimants before the Tribunal in M.C.O.P.No.596 of 2016 on the file of the Motor Accident Claims Tribunal and Special District Judge, Salem. They filed the said claim petition claiming a sum of Rs.20,00,000.00 as compensation for the death of one Rathinam, who died in the accident that took place on 14/2/2016. According to the claimants, on 14/2/2016 at about 7.00 pm, the deceased was riding Hero Passion pro motorcycle bearing registration No.TN 90 A 2740. On the extreme left side of the Salem to Kondalampatti main Road, towards Kondalampatti near Kondalampatti fly over Coimbatore privu road, a Car bearing Registration No.TN 60 L 3074 was proceeding in front of the two wheeler driven by the deceased and all of a sudden, the driver of the car without observing traffic rules and any signals, returned on the back side and hit against the two wheeler of the deceased, as a result of which, the deceased thrown out from the vehicle and he sustained head injuries and died on spot.

(3.) The Insurance Company filed a counter statement before the Tribunal denying the manner in which the accident had taken place. The Insurance Company also denied the age, avocation and other particulars furnished by the claimants and prayed for dismissal of the claim petition.