N. KANDASAMY Vs. G.R. SAMPATH

JUDGEMENT

(1.) Aggrieved by the award dated 19.02.2013, made in MCOP. No. 353 of 2009, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Erode, the appellants/claimants have preferred the present appeal seeking for enhancement of the compensation.

(2.) On 16.02.2009 at about 8.45 a.m., while the deceased Tamilamuthan was riding the motorcycle bearing Registration No.TN-33-AL-5014 along with one pillion rider Palanisamy, near Kallankadu, a bus bearing Registration No.TN-37-S-9192 belonging to the second respondent and insured with the third respondent, driven by the first respondent-driver in a rash and negligent manner dashed against the deceased and as a result, the deceased and the pillion rider were fell down and while on the way to the hospital, the deceased Tamilamuthan died on the spot. Subsequently, the claimants, being the father, mother and sister of the deceased, have filed a claim petition claiming a sum of Rs.15,00,000/- as compensation.

(3.) After considering the oral and documentary evidence, the Tribunal, by holding that the accident had occurred only due to the rash and negligent driving of the driver of the second respondent, awarded a sum of Rs.8,42,500/- as compensation to the claimants with interest at 7.5% per annum from the date of petition. Aggrieved by that award, the claimants have filed the present appeal for enhancement.