SUBBURAH (DIED) Vs. P. VENKATAKRISHNA RAJAN

JUDGEMENT

(1.) The claimants have filed this civil miscellaneous appeal aggrieved by the inadequate compensation awarded in M.C.O.P. No. 115 of 2010 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court, Tuticorin).

(2.) The case of the claimants is that the original petitioner Subburaj suffered grievous injuries in the accident that took place on 19.08.2008 on account of the rash and negligent driving of the offending lorry belonging to the first respondent herein. The condition of the said Subburaj was so bad that he was not even in a position to file a petition on his own. He therefore filed it through his wife Saroja. During the pendency of the petition, the said Subburaj passed away. The said Subburaj was working in Ethiopia and had come down to India on leave. When he was planning to return to Ethiopia, the accident occurred. The compensation for a sum of Rs. 15,00,000/- was sought. The Tribunal awarded a sum of Rs. 5,76,500/- with interest. The Tribunal has also directed that the second respondent insurance company can satisfy the award and recover the same from the first respondent/vehicle owner. Contending that the compensation awarded is inadequate, this appeal has been filed.

(3.) The Court below rightly found that the accident occurred on account of the rash and negligent driving of the driver employed by the first respondent herein. There is no reason to take a different view. The said finding is confirmed.