BABY SHARMILA Vs. KUPPUSAMY

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal is filed against the award passed in M.C.O.P.No.204 of 2015 on the file of the Motor Accident Claims Tribunal cum Special District Judge, Villupuram in and by the Judgment and Decree dtd. 29/6/2016, by the claimants, seeking enhancement of the award amount.

(2.) The claimants, wife and parents of the deceased one Mr. Masilamani, who died in a road accident on 30/10/2014, moved the tribunal seeking compensation of Rs.20,00,000.00. The second respondent/ insurer filed a counter and objected to the claim.

(3.) It is not the case of the Insurer/second respondent that the Insurance company is not liable to compensate the claimants for the death of Mr.Masilamani. However, they have not admitted various claims made by the claimants with regard to the income and other claims made under various heads and put the claimants to strict proof of the claim before the Tribunal. The wife of the deceased Masilamani, the first claimant/first appellant herein was examined as PW1 and one Mr.Kumaraswamy was examined as PW2 and Ex.P1 to Ex.P8 were marked on the side of the claimants/appellants. No oral and documentary evidence was let in on the side of the respondents. The Tribunal, on considering the oral and documentary evidence available on record before it came to the conclusion that the deceased was a pillion rider and interpreting the terms of the Insurance Policy dtd. 10/5/2014, Ex.P8, held that even though the Insurer is liable to compensate the claimants, their liability would stand restricted to Rs.1,00,000.00 alone.