C. JANAKI Vs. K. KANNIYAPPAN

JUDGEMENT

(1.) The instant Appeal has been filed by the Claimants whose Claim Petition came to be rejected under Sec. 163-A of the Motor Vehicles Act, (herein after called as "Act") and the Claimants were granted Compensation only under Sec. 140 of the Act to the tune of Rs.50,000..00

(2.) The Claimants, who are the Wife and the Children of the deceased Chandran filed the Claim Petition before the Tribunal on the ground that on 10/7/2011, when the deceased was riding his Two-wheeler towards Chengalpattu and at about 22:40 hours near Thirukazhukundram Road, an Auto was driven in a rash and negligent manner and it dashed against the Two-wheeler and thereby, the deceased sustained fatal injuries and he succumbed to the injuries. It is under these circumstances, the Claimants filed the Claim Petition under Sec. 163-A of the Act seeking for payment of Compensation from the 2nd Respondent-Insurance Company in which the Auto was insured.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of Oral and Documentary evidence, came to a conclusion that the accident had occurred only due to the rash and negligent driving on the part of the deceased. The Tribunal further held that even though the Claim Petition has been filed under Sec. 163-A of the Act, a Tortfeasor cannot be granted Compensation even under this provision. The Tribunal thereafter proceeded to invoke Sec. 140 of the Act and fixed the Compensation of Rs.50,000.00 Aggrieved by the Award passed by the Tribunal, the Claimants have filed the present Appeal before this Court.