U. MOKSHA Vs. K.V.RAM PRASANTH

JUDGEMENT

(1.) Challenging the judgment and decree dated 22.08.2013 passed by the Chief Judge, Motor Accidents Claims Tribunal, (Court of Small Causes) Chennai in M.C.O.P. No. 3095 of 2010, the claimants have come up with this appeal seeking enhancement of compensation.

(2.) On 02.08.2010, about 13.20 hours, when the deceased V. Udayaselvam was riding his motor cycle bearing Registration No. TN-07-BD- 8760 along with his brother Deepan as pillion rider, proceeding on the left side of Velachery main road from Velachery to Medavakam, near Saravana Furniture Mart, Senthamizh Nagar, Medavakkam, an Eicher Van bearing Registration No. TN-09-M-4915 driven by its driver in a rash and negligent manner came from behind to the extreme left side of the road and dashed against the motor cycle, due to which, both the rider and pillion rider fell down, sustained skull injury and succumbed to it. The claimants, who are the wife, minor son, parents and unmarried sister of the deceased filed a claim petition before the Tribunal claiming a sum of Rs. 34,00,000.00 was claimed as compensation for the death of Udayaselvam.

(3.) The Tribunal tried this matter along with connected M.C.O.P. No. 3096 of 2010. Common evidence was recorded. In respect of this matter, on the side of the claimants, the 1st claimant, wife of the deceased, viz. Mrs. Moksha was examined as P.W.1 ; Mrs. Jayakodi, mother of the deceased was examined as P.W.2 ; one Mr. Dilipan was examined as P.W.3 ; one Mr. Jayaraman, an eye-witness to the accident was examined as P.W.4 and Exs. P1 to P4 were marked. On the side of the Insurance Company, one Mr. D. Vijaya Karthi, Assistant Manager (Legal) was examined as R.W.1 and Exs. R1 to R4 were marked. Details of the Exhibits would run thus : <IMG>JUDGEMENT_309_LAWS(MAD)3_2016.jpg</IMG>