SUDHA Vs. K.SHANTHI

JUDGEMENT

(1.) Challenging the impugned award passed by the tribunal in MCOP.No.148 of 2017, the petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation.

(2.) The petitioners are wife and daughters of deceased Sathiyanarayanan. The case of the petitioners is that on 4/11/2016 at about 09.45 p.m. while the deceased was riding a two wheeler bearing Regn. No.TN-09 CB-5428 at Arcot Road Virugambakkam towards Vadapalani, opposite Christ Church, at that time, a car bearing Regn. No.TN-22-CW-3025 came from same direction in a rash and negligent manner hit behind the deceased and caused an accident. Due to which, the deceased sustained fatal injuries, for which he underwent treatment in the hospital, but he died inspite of treatment. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.65,00,000.00.

(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 accident had taken place only due to the rash and negligent driving on the part of the driver of the 1st respondent subject to the deduction of 10% of contributory negligence. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.16,60,500.00 after deduction of 10% of contributory negligence under various heads as follows: <IMG>JUDGEMENT_78_LAWS(MAD)8_2025_1.jpg</IMG>