R.LEELAVATHY Vs. SHEIK DAWOOD

JUDGEMENT

(1.) The claimant is the appellant. Not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal cum District Court, Tiruvannamalai by the Order dated 14.3.2008 made in M.A.C.O.P. No. 797 of 2006 for the death of her husband-Santharam in a road traffic accident, the claimant has filed this appeal seeking enhancement. The case of the claimant is as follows:

(2.) Denying the manner of accident and alleging that the accident was due to the negligence of the deceased, the 2nd respondent-Insurance Company filed counter contending that the appellant-claimant has to prove age, employment and income of the deceased. The deceased had no valid driving licence and the van driver also had no valid driving licence. The claim made by the claimants is highly excessive.

(3.) Before the Tribunal, the claimant examined herself as P.W. 1 and eye witness-Sivaraman was examined as P.W. 2. On the side of claimant, Exhibits P-1 to P-11 were marked. No oral or documentary evidence was adduced on the side of the Insurance Company.