SHANTHI Vs. M/S. ARUNACHALA LOGISTICS PVT. LTD.

JUDGEMENT

(1.) This appeal is preferred by the claimants seeking enhancement of the award in M.C.O.P. No.367 of 2009 dated 26.04.2010 passed by the Motor Accident Claims Tribunal, Principal District Court, Dharmapuri.

(2.) The appellants herein filed the claim petition seeking compensation for the fatal accident of Mr.A.S.Prasanth, on 02.02.2009 at about 17.30 hours opposite to Dam Division Road Bus Stop in NH7. The first claimant is the mother, the second claimant is the father and third claimant is the brother of the deceased.

(3.) The case of the claimants before the Tribunal was that Late Mr.A.S.Prasanth, was a pillion rider along with one Mr.Jakkesh in a Bajaj Pulsor Bike bearing registration No.KA-05-EY-8473, which was driven by his friend Hari Prasath. The deceased along with his two friends were returning from Krishnagiri to their home Karimangalam. At about 17.30 hours, when they were nearing Dam Division Road Bus Stop, the container lorry with registration No.AP-09-TA-1615 belonging to the first respondent coming behind the bike, driven by the driver in rash and negligent manner lost control and hit the moped thereby causing fatal injury to the deceased. A.S.Prasanth, who passed away on the spot.