MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT Vs. LALITHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the judgment and decree dtd. 4/11/2023 passed in M.C.O.P.No.803 of 2023 by the Motor Accidents Claims Tribunal, Special District Court, Salem.

(2.) It is the case of the appellant that an accident had occurred on 13/3/2023, at about 6.20 p.m., while the deceased Yuvaraj was riding a two wheeler bearing Registration No.TN-41-S-1726 along with one Vasanthaprasath as pillion rider in Valappady - Attur main road from west to east near Vellaiyamma Irusayee Koil, a bus bearing Registration No.TN-30- N-1926 hit against the two wheeler, due to which the said Yuvaraj sustained grievous injuries and he died in Government Hospital, Valappady. Parents and brother of the deceased filed a claim petition, seeking compensation of Rs.30.00 lakhs before the Special District Judge, Motor Accidenets Claims Tribunal, Salem.

(3.) Before the Tribunal, during trial, in order to prove the case, the claimants have examined PW1 and marked Exs.P1 to P.11, and on the side of the Insurance Company, no witness was examined and no documents have been marked. The Tribunal, considering the pleadings, oral and documentary evidence, partly allowed the petition and awarded a sum of 11,65,000/- as compensation to the claimants along with interest at 7.5% p.a. Aggrieved by the said award, the appellant/insurance company has filed the present appeal before this Court for quashment of the award.