P UMARANI Vs. J KUPPAMMAL

JUDGEMENT

(1.) CHALLENGE in the Civil Miscellaneous Appeal is against the award passed in M.A.C.T.O.P.No.563 of 1998 dated 27.11.2001 by the Motor Accident Claims Tribunal viz., the Chief Judge, Court of Small Causes, Chennai.

(2.) THE appellants/claimants being the wife and minor children of the deceased Pattu Durai have preferred a claim petition M.A.C.T.O.P.No.563 of 1998 on the file of Motor Accident Claims Tribunal viz., the Chief Judge, Court of Small Causes, Chennai, praying for an award of Rs.16 lakhs against the 1 and 2 respondents with interest and costs.

(3.) THE factual scenario resulting in, filing of the present appeal are summarised in brief:- THE deceased Pattu Durai was riding his cycle from west to east in Arcot Road and when he was proceeding opposite to Door No.31, Swaraj Mazda Lorry TN-22-W-9594 came from the opposite direction in a very high speed, rash and negligent manner dashed against two cyclists, due to which the deceased sustained multiple injuries and succumbed later in the hospital. THE driver of the lorry is solely responsible for the accident. THE first respondent, being the owner of the Swaraj Mazda lorry involved in the accident and the second respondent, being the Insurance Company are jointly and severely liable to pay the compensation. THE Tribunal has examined two witnesses P.W.1 and P.W.2 on the side of claimants and marked Exs.P.1 and P.10. On the side of respondents, no witness was examined and no documents were marked. After contest, considering the oral and documentary material evidence on record, the Tribunal viz., the Chief Judge, Court of Small Causes, Chennai has passed an award granting a compensation of Rs.3,93,000/- (Rupees three lakhs and ninety three thousand only) with interest at 9% per annum from the date of petition till the date of payment, determining the Advocate's fee at Rs.4,000/-.