KALAIMANI Vs. SIVAKUPPUSAMY

JUDGEMENT

(1.) EXPRESSING dissatisfaction regarding the amount awarded by the Motor Accident Claims Tribunal (Additional District Judge cum Fast Track Court No.1), Salem as compensation, the claimants before the Motor Accident Claims Tribunal/the parents of the deceased boy, who died in the accident, have brought -forth this appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement.

(2.) ONE Jayavel aged about 13 years sustained grievous injuries in an accident that occurred near M.D.C. Petrol Bunk, Kamalapuram, Omalur on 01.01.2009 at about 6.30 p.m and on the way to the hospital, he died. The vehicle involved in the accident is a Maruti Zen car bearing Regn. No.TN -48 B -1956. The said car, as on the date of accident, belonged to K.Sivakuppusamy, the first respondent herein and it stood insured with the second respondent herein under Policy No.650400/31/07/ 6100001625. The first respondent (owner of the car) filed a counter statement stating that the amount claimed was exorbitant and contending that if at all the appellants are entitled to recover any amount as compensation, it should be recovered from the insurer, namely the second respondent alone. The second respondent filed a counter containing similar averments, as found in the counter statement of the first respondent. In addition the 2nd respondent contended that there was no negligence on the part of the driver of the car; that on the other hand the deceased alone was responsible for the accident and that hence the 2nd respondent was not liable to pay any compensation.

(3.) SINCE admittedly the car was owned by the first respondent and it stood insured with the second respondent, the Tribunal mulcted the liability on the first and second respondents holding them jointly and severally liable to pay compensation to the appellants, who are the parents of the deceased boy. The Tribunal took the age of the deceased to be 13 years observing that he was a school going boy studying in 8th standard, it simply fixed a total sum of Rs.3,06,000/ - as compensation and passed an award directing the respondents 1 and 2 to jointly and severally pay the said amount with an interest at the rate of 7.5% per annum from the date of filing of the MCOP till the date of deposit, excluding the period if any, during which the petition stood dismissed for default and also cost. The said award came to be passed on 18.02.2011.