SHANMUGHASUNDARAM Vs. JOTHI

JUDGEMENT

(1.) THE owner and the Insurance Company of the vehicle in question, are the appellants in the above appeal.

(2.) IN respect of death of one Thiruvengadam, his parents and brothers have prayed for compensation of Rs. 3 lakhs before the Motor Accident Claims Tribunal, (Sub Court),vridhachalam. The second claimant was examined as P. W. 1 and the first claimant was examined as P. W. 2 and also one Ramanathan as P. W. 3, besides marking Exs. B-1 to B-12. On the side of the respondents, no oral evidence was let in and no document was also produced. The Tribunal, on appreciation of materials placed, after holding that the accident was caused due to the negligence of the vehicle in question, passed an award of Rs. 2,20,000/- with interest at 15% per annum and the same has to be deposited within sixty days from the date of order, failing which the award amount shall carry interest at the rate of 18% per annum. Aggrieved by the same, as stated earlier, the present appeal has been filed by the owner and the Insurance Company.

(3.) TAKING note of the the age of the deceased and his avocation and the claimants, being parents and brothers, the learned counsel appearing for the appellants has fairly conceded that the award amount cannot be said to be either excessive or unreasonable. His main grievance relates to the rate of interest as well as default interest granted by the Tribunal.