S. MANIMEKALAI Vs. S. KAILASH

JUDGEMENT

(1.) The Claimants, who are the Parents of the deceased Kausalya have filed this Appeal against the Award passed by the Motor Accident Claim Tribunal, Namakkal in MCOP No.470 of 2014, dtd. 17/3/2020, seeking for enhancement of Compensation.

(2.) The deceased Kausalya was an Engineering Graduate, who had completed Electronic and Communication Engineering from Anna University. She was a very meritorious student who also secured a job in Cognizant Technologies Private Limited as Program Analyst. She joined in this Company on 1/7/2013. She was confirmed and her Salary was also revised, which is evident from Ex.P10 to Ex.P14. The deceased was travelling in the Car belonging to the 1st Respondent on 10/1/2014 and the Car was driven in a rash and negligent manner and at about 8.30 p.m., when the Car was approaching Adhiyur Post at Erode, the Car capsized resulting in the deceased sustaining grievous injuries. Unfortunately, the deceased succumbed to the injuries. An FIR came to be registered in Crime No.11 of 2014 against the Driver of the Car. It is under these circumstances, the parents filed the Claim Petition seeking for enhancement of Compensation.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of the Oral and Documentary evidence, came to a categoric conclusion that the accident had taken place only due to the rash and negligent driving of the Car belonging to the 1st Respondent. After having rendered such a finding, the Tribunal proceeded to fix the Compensation and the Total Compensation was fixed at Rs.15,57,120.00 in the following manner: <IMG>JUDGEMENT_94_LAWS(MAD)4_2024_1.jpg</IMG>