KAVITHA Vs. R.LATHA

JUDGEMENT

(1.) Not satisfied with the quantum of compensation fixed by the Motor Accident Claims Tribunal, the claimants have come before this court seeking enhancement of the compensation.

(2.) According to the appellants/claimants, the husband of the first claimant, the father of the claimants 2 to 4 namely Raja died in a road accident that had taken place on 21/9/2022. It was the case of the claimants before the Tribunal that the deceased Raja was riding his twowheeler on the extreme left side of the Salem-Omalur main road. The lorry belonged to the first respondent and insured with the second respondent, came in the same direction in a rash and negligent manner and hit against the two-wheeler from behind. As a result of the accident, the above said Raja sustained grievous injuries and died on the spot. Hence, the claim petition was filed by his dependents seeking compensation of Rs.40,00,000.00.

(3.) The first respondent, owner of the lorry remained ex-parte before the Tribunal and the claim petition was opposed by the insurer of the lorry on the ground that the accident had occurred due to the rash and negligent driving of the deceased.