RENUGA Vs. VENKATACHALAPATHY EXPLOSIVES

JUDGEMENT

(1.) The Claimants not being satisfied with the quantum of Compensation awarded by the Tribunal have filed this Appeal seeking for enhancement of Compensation against the Award passed by the Motor Accident Claims Tribunal in MCOP No.210 of 2021, dtd. 6/12/2021.

(2.) The case of the Claimants is that the deceased Sathanalliyappa was riding his Two-wheeler on 7/1/2020 at Rayakottai to Kelamangalam Road and at about 14.30 hours when the vehicle was crossing Vellisanthai Bus Stop, the offending vehicle viz., the Eicher Lorry was driven in a rash and negligent manner and it hit the Two-wheeler and as a result, the deceased was thrown out of the Two-wheeler and he sustained grievous head injuries and he died on the spot. An FIR came to be registered in Crime No.06 of 2020 against the Driver of the offending vehicle. It is under these circumstances, the Claimants being wife, daughter, son and the mother of the deceased filed the Claim Petition before the Tribunal seeking for payment of Compensation.

(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 taken place only due to the rash and negligent driving on the part of the Driver of the Lorry. However, the Tribunal also considered the fact that the deceased was riding the Two wheeler without a valid Driving Licence and the same was in violation of the Rules and therefore, the Tribunal attributed 10% Contributory Negligence as against the deceased.