POONGODI Vs. B.SAKTHIMANI

JUDGEMENT

(1.) Not satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Special District Court, Krishnagiri in M.C.O.P.No.529 of 2019, dtd. 4/3/2020, the claimants have come before this Court seeking enhancement.

(2.) According to the appellants/claimants, the husband of the 1st claimant, father of the claimants 2 to 4 and son of the 5th claimant namely Manivel died in a road accident that had occurred on 21/10/2018. According to them, the deceased was proceeding in his Hero Splendor Plus Motor Cycle bearing Registration No.TN-24-H-5355 from Kaveripattinam Town to Dharmapuri NH Road slowly and steadily. At that point of time, the Eicher 1090 Vehicle bearing Registration No.TN-29-AM-8852 belonged to the 1st respondent and insured with the 2nd respondent came in a rash and negligent manner and dashed against the two wheeler. As a result of the accident, the deceased sustained head injury and other multiple injuries and died. Therefore, the claim petition was filed seeking compensation of Rs.40,00,000.00.

(3.) The 1st respondent-owner of the offending vehicle remained exparte before the Tribunal and the Insurer of the offending vehicle alone contested the claim by filing counter. According to the 2nd respondentInsurer, the accident had occurred only due to the negligence on the part of the deceased.