CHELLAMUTHU Vs. S PERIYASAMY

JUDGEMENT

(1.) THE owner of the vehicle and the Insurance Company have filed this Civil Miscellaneous Appeal, challenging the award passed by the motor Accidents Claims Tribunal (Sub Judge), Dharapuram (hereinafter referred to as "the Tribunal"), made in MACT. O. P. No. 333 of 1994 dated 21. 0 7. 1997.

(2.) THE respondents/claimants have filed a petition for the loss of their deceased father, Chellappa Gounder, claiming a compensation of Rs. 4,00,000/ -. In support of their claim, the first claimant got himself examined as P. W. 1, besides marking Ex. P. 1 to Ex. P. 5. On the side of the respondents, no oral as well as documentary evidence was let in. THE Tribunal, after analysing the oral and documentary evidence and on fixing the negligence on the part of the driver of the first respondent before the Tribunal, who is the first appellant herein, has passed an award fixing a compensation of rs. 2,62,500/ -. Aggrieved by that judgment and decree, the appellants herein have filed this present appeal.

(3.) THE Tribunal, after proper enquiry and on consideration of the material evidence and the evidence deposed on the side of the claimants, has framed two questions for consideration, firstly whether the negligence and carelessness of the first respondent is responsible for the accident and secondly, if so, whether the claimants are entitled for the quantum of compensation they have claimed. After analysing the oral and documentary evidence and also taking into consideration the overall aspects of the case, the Tribunal had passed the award of compensation, fixing the quantum as Rs. 2,62,000/- with 12% interest per annum from the date of petition, till the date of deposit.