M PONNUSAMY Vs. T PANNEERSELVAM

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed both by the claimants as well as the Insurance Company against the Judgment and Decree dated 28. 04. 1999 made in MACT. OP Nos. 665 of 1995, 667 of 1995, 666 of 1995 on the file of the III Judge, Court of Small Causes (Motor Accidents Claims Tribunal), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows:-The claimants were injured in a road traffic accident on 09. 01. 1995 at 14. 00 hours. The claimants were passengers travelling in an auto-rickshaw bearing Registration No. TMM-9966 from west to east direction in the MKB Nagar, Central Avenue Road. The auto-rickshaw was driven by its driver in a rash and negligent manner and when it reached the junction of MKB Nagar, 4th Main Road, dashed against a scooter which was proceeding in MKB Nagar, 4th Main Road from north to south direction. Due to the accident, the claimants sustained serious injuries. The auto-rickshaw was insured with the Insurance Company, who is the second respondent in CMA Nos. 1270 to 1272 of 1999 and appellant in CMA Nos. 1470 to 1472 of 1999. The claimants are Ponnusamy, Athammal and Rani, who are the father, mother and daughter respectively. The claimants filed Claim Petitions before the Tribunal. On the pleadings, the Tribunal framed the following issues:-

(3.) LEARNED counsel appearing for the claimants has submitted that the Tribunal ought to have awarded a fair and reasonable compensation and it is wrong on the part of the Tribunal in awarding a less and meagre amount of compensation against the claimed amounts. Therefore it is submitted that the common order passed by the Tribunal is not in accordance with law and these are fit cases for enhancement.