NARASIMMA RAO Vs. SELVAKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the claimants against the award passed by the Motor Accident Claims Tribunal (hereinafter, referred to as 'the Tribunal') in M.C.O.P.No.295 of 2013,dtd. 16/9/2022.

(2.) On 5/1/2013, at 8.40 p.m. when the deceased Chandrasekar was riding his two wheeler, viz., Activa, bearing Regn.No.TN-20-AJ-1824, in Alandur Velachery Road, near Thillai Ganga Nagar underground from West to East, a Tipper Lorry, bearing Regn.No.TN-22-E-9500, which came behind the said vehicle in a high speed, suddenly, hit the said vehicle and thus, caused the accident. In the said accident, the deceased sustained grievious injuries and succumbed to death. Hence, the claimants, being parents of the deceased filed a Claim Petition seeking a sum of Rs.20,00,000.00 as compensation.

(3.) The Tribunal, on consideration of both oral and documentary evidence held that the accident occurred due to rash and negligence on the part of the Driver of the first respondent's Vehicle, viz., Tipper Lorry, and hence, directed the first and second respondents to pay jointly and severally a sum of Rs.7,86,000.00 as compensation to the claimants together with interest at the rate of 7.5% p.a. from the date of filing of the Petition and till the date of realisation and directed the second respondent to recover the same from the first respondent. The breakup details of the award passed by the Tribunal under various heads is as follows:-