S BOSE Vs. G SELVAKUMAR

JUDGEMENT

(1.) The father, step-mother, step-brother and step-sisters of deceased B.Ramu, who died in a motor accident that occurred on 10.02.2015, are the appellants.

(2.) It is the case of the claimants that when the deceased was standing on the eastern side of the Chennai-Madurai National Highway along with TVS XL Moped, at about 15.30 hours on 10.02.2015, the car bearing Registration No.TN-58-X-5455 driven in a rash and negligent manner, dashed against him. Due to the multiple injuries sustained by him, he died in the hospital on the same day. The appellants filed the claim petition in M.A.C.T.O.P No.2900 of 2015, seeking a compensation of Rs.36,00,000/-.

(3.) The 1st respondent who is the owner of the car, remained ex-parte before the Tribunal. The 2nd respondent Insurance Company contested the claim denying the manner in which the accident occured and contended that the deceased also contributed to the accident. It is further contended that all the claimants are not the legal heirs of the deceased. The quantum of compensation claimed was also questioned as excessive.