R KUMUDHINI Vs. PUBLIC WORKS WORKSHOPS

JUDGEMENT

(1.) THE wife and children of the deceased s. Ramasubramanian have preferred this civil Miscellaneous Appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (hereinafter referred to as "the Tribunal") in m. A. C. T. O. P. 99 of 1995 on the file of the III judge, Court of Small Causes, Madras.

(2.) THE appellants herein who were the claimants before the Tribunal have filed a petition claiming compensation of rs. 10,75,000/- for the death of their family head. In support of their claim," the first claimant who is the wife of the deceased was examined as P. W. I and one Pandiarajan, an eye-witness to the accident was examined as p. W. 2 besides marking documents in exts. P-1 to P-7 On the side of the respondent, one Muneer Basha, the driver of the tractor-trailer, was examined as R. W. I and no document was marked in support of its defence.

(3.) THE Tribunal, after analyzing the oral and documentary evidence and after holding that the accident was caused due to the rash and negligent driving of the driver of the tractor-trailer, has passed an award fixing the compensation as Rs. 5,89,600/- with interest at the rate of 12% per annum from the date of petition till the date of deposit, aggrieved by which, the appellants have preferred this appeal for enhancement of compensation.