KRISHNAVENI Vs. NIGAL

JUDGEMENT

(1.) Dissatisfied with the Award, dated February 20, 2018, passed by the 'Motor Accidents Claims Tribunal/II Additional District Judge, Puducherry' (henceforth 'Tribunal') in M.A.C.T.O.P. No.215 of 2016, the Petitioners therein have filed this Civil Miscellaneous Appeal praying to enhance the Award amount awarded by the Tribunal.

(2.) For the sake of convenience, the parties herein will be referred to as per their rank before the Tribunal.

(3.) On January 17, 2016, at about 08.45 p.m., the First Petitioner's son namely Murali, was travelling as a Pillion Rider in the Hero Honda Passion Pro Motorcycle bearing Registration No.PY-01-CG-1955 driven by one Ajith from Manaveli Road, Ariyankuppam Police Station, Puducherry. While they were crossing the Puducherry to Cuddalore Main Road from east to west direction, the First Respondent's Yamaha Ray Motorcycle bearing Registration No.PY-01-CJ-5976 driven by one Mathankumar with two Pillion Riders was approaching from North to South direction, in a rash and negligent manner. It collided with the Motorcycle on which Murali was travelling leading to an accident and thereby, Murali sustained injuries and died. The First Petitioner is the deceased-Murali's mother while the Second and Third Petitioners are siblings of the deceased-Murali. 3.1. According to the Petitioners, prior to the accident, the deceased Murali was working as a Car Tinkerer and thereby, earned a sum of Rs.20,000.00per month. The First Respondent is the Owner of the Yamaha Ray Motorcycle bearing Registration No.PY-01-CJ-5976. The Second Respondent is the Insurer of the First Respondent's Motorcycle. The Rider of the First Respondent's Motorcycle is responsible for the accident. Therefore, the Respondents 1 & 2 are jointly liable to pay Compensation to the Petitioners. Accordingly, the Petitioners had filed a Claim Petition seeking Compensation of Rs.20,00,000.00 from the Respondents before the Tribunal.