LAKSHMI Vs. K. SEKAR

JUDGEMENT

(1.) C .M.A.No.2459 of 2013 has been filed by the Claimants and C.M.A.No.3681 of 2013 has been filed by the Insurance Company challenging the award dated 16.04.2013 passed by the Motor Accident Claims Tribunal (II Judge, Court of Small Causes), Chennai in M.C.O.P No 2531 of 2010.

(2.) FOR the sake of convenience, the parties will be referred as per their ranks in the Original Petition.

(3.) THE 1st respondent did not appear and the 2nd respondent resisted the claim alleging that the lorry did not have fitness certificate, that the deceased alone was responsible for the accident and that the age and income of the deceased as alleged in the claim petition was not true. The Tribunal, after considering the oral as well as documentary evidence, has partly allowed the claim petition by awarding a compensation of Rs.8,12,000/ - with costs and interest at 7.5% per annum and also directed the Insurance Company to satisfy the award and then recover the same from the 1st respondent. Aggrieved, the claimants have filed C.M.A No 2459/2013 for enhancement and the respondent has filed C.M.A No 3681/2013 challenging only the quantum.