SOUNDARAJAN Vs. C. KRISHNAMOORTHY

JUDGEMENT

(1.) Challenging the quantum of compensation awarded by the Claims Tribunal , in M.C.O.P.No.701 of 2005 as inadequate, the Claimants have come forward with this Civil Miscellaneous Appeal.

(2.) The deceased Gopal, aged 53 years, working as a Agricultural Labourer, earning a sum of Rs.3,000.00 per month died in an accident that took place on 30.05.2005. Hence, the claimants, who are the wife and children of the deceased has filed the Claim Petition in M.C.O.P. No.701 of 2005, on the file of the Motor Accident Claims Tribunal, Krishnagiri, seeking compensation for a sum of Rs.8,03,000.00. The tribunal on consideration of oral and documentary evidence has awarded a sum of Rs.3,29,000.00 as compensation with interest @ 7.5% per annum from the date of petition till the date of deposit. The break-up details of the same are as under : <FRM>JUDGEMENT_41_LAWS(MAD)3_2017_1.html</FRM>

(3.) The learned counsel for the Claimants would contend that the amount of compensation awarded by the Tribunal is very low and the same needs to be enhanced. He would further submit that the tribunal was not correct in holding that the rider of the motor cycle was not having valid driving licence on the basis of the oral evidence of RW1 and RW2 without calling for necessary report from the RTO's office. He has also submitted that the Tribunal have not considered the fact that the alleged violation of policy relate to the contract between the insurance Company and the owner of the vehicle for which the claimants cannot be penalized and therefore he prays to direct the Insurance Company to deposit the entire award amount with a direction to recover the same from the owner of the vehicle.