G ARUMUGAM Vs. R KRISHNAMURTHY

JUDGEMENT

(1.) CHALLENGING the award of the Motor Accident Claims Tribunal, V Court of Small Causes, Chennai (hereinafter referred to as "the Tribunal") made in M.C.O.P. No.639 of 1995 dated 28.04.1997 for a sum of Rs.50,0 00/- in respect of death of their only son Poovannan aged eight years, the parents of the deceased, have preferred this Civil Miscellaneous Appeal for enhancement of compensation to Rs.1,50,000/-.

(2.) IN support of their claim, the father of the deceased was examined as P.W.1, one Gnanaprakasam, an eye-witness to the accident, was examined as P.W.2 and one Amaldass, Sub-INspector of Police, Traffic INvestigation Department was examined as P.W.3 besides marking Legal Heir Certificate as Ex.P.1, First INformation Report as Ex.P.2, Copy of sketch as Ex.P.3, Post-mortem Certificate as Ex.P.4 and the school Transfer Certificate as Ex.P.5. On the side of the respondents, neither oral nor documentary evidence was let in.

(3.) THE first respondent herein was absent and set ex-parte before the Tribunal and the second respondent Insurance company has filed its counter denying the injuries sustained by the deceased and the place, date and time of the accident and contending that in any event, the compensation claimed is excessive.