P.T.SAROJA Vs. S.PRABU

JUDGEMENT

(1.) Dissatisfied with the Award dated April 22, 2022 passed by the 'Motor Accident Claims Tribunal / Special District Court, Erode' ['Tribunal' for short] in M.C.O.P.No.608 of 2018, the petitioners therein have filed this Civil Miscellaneous Appeal seeking enhancement of compensation.

(2.) For the sake of convenience, henceforth, the parties will be referred to as per their array in the Original Petition. PETITIONERS' CASE

(3.) On January 20, 2018 at about 02.50 p.m., when the deceased - P.Thilagan was riding a TVS Super XL (Heavy Duty) on Sathyamangalam to Coimbatore Main Road, in front of Sathyamangalam Union Office, the second respondent's Lorry bearing Registration No.TN38-Z-5871, driven in a rash and negligent manner by the first respondent, dashed against the said TVS Super XL. Consequently, the deceased fell down, the back wheel of the Lorry ran over him, and the deceased passed away on the spot. Immediately, he was taken to Government Hospital, Sathyamangalam where he was declared as brought dead. The deceased was aged 52 years at the time of accident and working as a Special SubInspector at Tamil Nadu Police Department at Puliyampatty, Erode District. The first respondent / driver of the Lorry alone is responsible for the accident. The 2nd respondent, being the owner of the Lorry and the 3rd respondent being its insurer, are liable to pay compensation to the petitioners. Hence, the petitioners filed the Original Petition seeking a compensation of Rs.1,00,00,000.00 (Rupees One Crore only) from the respondents. FIRST AND SECOND RESPONDENTS