G VALLI Vs. R UMAPATHY

JUDGEMENT

(1.) THE Civil Miscellaneous Appeals are filed by the claimants against the Judgment and Decree dated 17. 02. 2006 made in MACT. OP Nos. 2463 of 2003 and 2466 of 2003 on the file of the Chief Judge, Motor Accidents Claims Tribunal (Small Causes Court), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows:-The claimants are injured in a motor accident on 04. 06. 2003 at 8. 30 hours. The claimants were travelling in the auto-rickshaw bearing Registration No. TN-09-K-7248 along the Anna Salai from north to south direction. When the auto-rickshaw was nearing Thadandar Nagar junction, the driver drove the auto-rickshaw in a rash and negligent manner without following the traffic rules and regulations and applied the brake suddenly. In view of the sudden brake, the auto-rickshaw turned turtle. Due to the accident, the claimants sustained grievous injuries. The claimants claimed a compensation of Rs. 3,00,000/- each in MACT. OP No. 2463 of 2003 (CMA No. 790 of 2007) and MACT. OP No. 2466 of 2003 (CMA No. 791 of 2007) respectively. The second respondent / Insurance Company resisted the claims. On pleadings, the Tribunal framed the following issues:-

(3.) LEARNED counsel appearing for the appellants / claimants submitted that the Tribunal ought to have awarded the compensation as claimed by the claimants and that the Tribunal is wrong in awarding lesser compensation, without basis and justification. It is therefore submitted that the common order passed by the Tribunal is not in accordance with law and the same has to be set aside.