DEEPA Vs. U. HUSSAIN

JUDGEMENT

(1.) NOT being satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, (I Additional District Judge), Salem, in and by an award dated 21.3.2014 made in M.C.O.P. No. 486 of 2008, the claimants have filed the present appeal, seeking enhancement of the compensation amount.

(2.) APPELLANTS are the claimants before the Tribunal. They are wife, minor daughter, minor sons and mother of the deceased C. Velayutham respectively.

(3.) THE said claim was resisted by the third respondent insurance company stating that at the time of accident, the driver of the lorry was under the influence of alcohol and he had also not possessed with any valid driving licence to drive the recovery van. Therefore, there is violation of policy conditions and hence, the insurance company is not liable to pay the compensation amount. That apart, the insurance company has also taken a defence that the claim of Rs. 25,00,000/ - is extremely on the higher side. Thus, they sought for the dismissal of the claim petition.