SRIPRIYA Vs. IYYAPPAN

JUDGEMENT

(1.) The claimants not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.133 of 2022, dtd. 30/10/2023, have filed this appeal seeking for enhancement of compensation.

(2.) The claimants who are the wife, children and mother of the deceased Subramanian filed the claim petition on the ground that the deceased Subramanian on 17/3/2022 was riding his bicycle from Karnatham- Mangalampettai and when he was going near by-pass road crossing Mangalampettai and Karnatham road at about 19.45 hours, the offending vehicle which was a Tractor and trailer was driven in a rash and negligent manner and it dashed on the rear side of the Cycle and the deceased was thrown out and he fell down and the trailer ran over his body. The deceased died on the spot. An FIR came to be registered in Crime No.294 of 2022 against the driver of the offending vehicle. It is under these circumstances, the claim petition came to be filed 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 offending vehicle. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.17,56,000.00 under various heads as follows: