PARAMESWARI Vs. D.S.SENTHIVEL

JUDGEMENT

(1.) This appeal is preferred by the appellants/claimants against the award dated 07.09.2011, made in MCOP. No.296 of 2008, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.1, Chennai, in and by which, the Tribunal has awarded a sum of Rs. 5,00,000/- for the death of one Anbalagan/sole breadwinner of the claimants' family.

(2.) On 28.07.2006 at about 14.30 hrs., while the deceased was crossing the Ulundurpet - Chennai National Highways, opposite to Periyakuppam bus stand, Villupuram District, a lorry bearing Registration No.TN-58-B-2989 belonging to the first respondent and insured with the second respondent Insurance Company, driven by its driver in a rash and negligent manner, dashed against the deceased, as a result, he died on the spot. Immediately after the accident, a case was registered against the driver of the lorry in Cr.No.259 of 2006 on the file of the Thirunavallur Police Station, Villupuram District. Subsequently, the claimants, being the wife, children and father of the deceased, have filed the claim petition claiming a sum of Rs. 10,00,000/- as compensation.

(3.) After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the lorry belonging to the first respondent and awarded a sum of Rs. 5,00,000/- with interest at 7.5% per annum. Aggrieved by that award, the claimants have filed the present appeal.