UMA SHANKAR Vs. REVATHY VADIVEL

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation at Rs. 7,57,600/- along with interest with 7.5% p.a. awarded by the Chief Judge, Small Causes Court (Motor Accidents Claims Tribunal), Chennai in MCOP No. 211 of 2009, for the death of their family member, Thiru Shankar in a road accident, the claimants/appellants came forward with the present appeal. The brief facts of the case are, that on 21.12.2008 at about 09.20 hrs, while one Shankar was riding his scooter bearing registration No. TN-07-Q-8653 from Adyar Grand Sweets to his residence through Dr. Durgabai Deshmukh Salai, when reached near Avain Park, Adyar, a car bearing registration No. TN-07-AL-8416 came in a rash and negligent manner from Besant Avenue Road, turned towards his right and dashed against scooter and as a result of which the rider of the scooter fell down and sustained head injuries and got admitted in Malar Hospital, Adyar, Chennai and died on 24.12.2008. The claimants who are the wife and daughter respectively of the deceased, filed a claim petition before the Tribunal claiming a sum of Rs. 25 lakhs towards compensation.

(2.) This claim petition was resisted by the 2nd respondent/Insurance Company by way of counter affidavit, wherein while disputing the age, occupation, income, of the deceased, manner of the accident, nature of the injuries sustained by the deceased, it is stated that there was no rash and negligent and part of the driver of the car and the deceased alone was responsible for the accident.

(3.) Before the Tribunal, the claimants examined 3 witnesses as PW. 1 to P.W. 3 and marked 13 documents as Ex.P.1 to P.13 and on behalf of the respondents no witnesses were examined and no documents were marked.