P. MURUGESAN Vs. RAVIKUMAR

JUDGEMENT

(1.) The Claimants are the Parents of the deceased, not being satisfied with the quantum of Compensation fixed by the Tribunal have filed this Appeal against the Award passed by the Motor Accident Claims Tribunal, Principal District Judge, Perambalur in M.C.O.P. No.758 of 2018, dtd. 24/1/2023.

(2.) The case of the Claimants is that their daughter Tejashree aged about 5 years was travelling in School Van on 16/12/2017 and was proceeding towards the School and at about 8.00 a.m., when the Van came near Velankkanatha, Colony, the Driver drove the vehicle in a rash and negligent manner and as a result, the Van capsized and the deceased and other School children sustained Multiple Grievous Injuries. Unfortunately, the deceased succumbed to the injuries. An FIR came to be registered in Crime No.415 of 2017. It is under these circumstances, the Claim Petition came to be filed by the Parents 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 Driver of the School Van had driven the vehicle in a rash and negligent manner which resulted in the accident. The Tribunal also found that there is violation of Policy condition and therefore, the 2nd Respondent - Insurance Company was directed to pay the Compensation and recover the same from the 1st Respondent.