THYBAMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is preferred by the claimants against the award dated 02. 02. 2000 made in MCOP No. 213 of 1996 by the Motor Accident Claims Tribunal, Chennai, [chief Court of Small Causes, Chennai].

(2.) ON 25. 07. 1994 at about 16. 00 hours the deceased was proceeding on cycle in Pallavan salai from South to North direction. One heavy Motor lorry bearing Registration No. 86-D-6434 belonging to the Ministry of Defence, the first respondent herein which was driven by the driver in a rash and negligent manner from South to North direction, turned suddenly towards West direction and dashed against the deceased. Due to the accident, the deceased sustained injuries and he was taken to hospital and despite treatment, he died. The claimants are the wife, two sons and mother of the deceased. They claimed a sum of Rs. 3,20,000/- as compensation. The respondents resisted the claim. On pleadings the Tribunal framed the following issues:

(3.) AFTER considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to rash and negligent driving of the Heavy Motor Lorry belonging to the first respondent and awarded a compensation of Rs. 86,4000/- with 12% interest per annum from the date of petition. Aggrieved by that order, both claimants as well as the first respondent/ministry of Defence filed the civil miscellaneous appeals. It is relevant to state that the respondent preferred a civil miscellaneous appeal in CMA No. 871/2001 challenging the award passed by the Tribunal. The said matter came before the Court and the Court dismissed the appeal on 24. 07. 2001 preferred on 24. 07. 2001 by the Union of India, the first respondent herein. The present appeal has been filed by the claimants against the award for enhancement.