KOKILA Vs. A C RAYAN

JUDGEMENT

(1.) AIMANTS in M. C. O. P. No. 680 of 1992 on the file of Motor Accidents Claims Tribunal, Chengalpettu are the appellants in the above appeal.

(2.) IN respect of death of their daughter by name Sudha in a motor accident that took place on 17. 7. 1992, her parents prayed for a compensation of Rs. 1,00,000. Before the Claims Tribunal, mother of the deceased was examined as PW 1 and one natarajan as PW 2, besides marking photocopy of the post-mortem report and first information report as Exhs. P1 and P2 respectively. On the side of the owner and the insurance company, no one was examined and no document marked to substantiate their defence. Based on the material placed, the Tribunal, after holding that the accident was caused due to rash and negligent act of the driver of the lorry in question, passed an award of Rs. 25,000 with interest at 15 per cent from the date of petition till date of deposit. The Tribunal also directed both the owner and the insurer to pay the said amount. With regard to disallowed claim of Rs. 75,000, the claimants have preferred the present appeal.

(3.) HEARD the learned counsel for the appellants as well as contesting respondent no. 2, insurance company.