NAZAR ALI Vs. SANTHANA SRINIVASAN

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed against the Award dated 22.5.2008 made in M.C.O.P Nos.1008 and 1009 of 2006 on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Tirunelveli.

(2.) THE Claimants in both the Appeals have filed Claim Petitions before the Tribunal. The Appellants are the parents and the child aged 3 years died in the accident. The Appellant in C.M.A. No.617 of 2009 is the injured person. Since the Appeal is filed for enhancement of Compensation, the negligent aspect need not be discussed. Before the Tribunal the Insurance Company took a plea that there is no valid licence for the driver of the vehicle. The Tribunal accepted the plea of defence and fastened the liability only on the Owner of the vehicle. As far as the case of injury is concerned, the Tribunal has granted a sum of Rs.98,710/ - at 7.5% interest per annum. For the case of death of child it has granted Rs.1,11,000 at 7.5% interest per annum. Not satisfied with the Compensation as well as fastening the liability on the owner of the vehicle, the Claimants and the Owner are before this Court.

(3.) ON the contrary, the learned Counsel for the Insurance Company submitted that the finding of the Tribunal is just and reasonable and the Award amount in respect of the injured is also correct.