RENUKA DEVI Vs. S. KATHER BATCHA

JUDGEMENT

(1.) Dissatisfied with the award of the tribunal made in MCOP No. 795 of 2008, dtd. 8/12/2015 on the file of the Motor Accident Claims Tribunal (District and Sessions Judge/Communal Clash Cases Court), Madurai, the claimants have preferred this appeal.

(2.) The brief facts of the case are that on 12/1/2007 at 11.00 pm, when the deceased Prabhakar was riding his TVS Centra Bike bearing registration No.TN-22-AD-4421 from his house to Arappalayam Bus Stand along with his friend T.R.Sridharan, who was travelling as a pillion rider on Palanganatham-Arappalayam Bye-Pass Main road near Bharath Petrol Bank before the Babu Plaza Shop, a mini lorry bearing registration No.TN-22-R-4587 came in a rash and negligent manner and suddenly swerved and dashed against the motor cycle. In that process, the deceased Prabhakar and the pillion rider were thrown away and fell down from the bike and thereafter, they were immediately taken to the Apollo Hospital, Madurai, where the deceased Prabhakar succumbed to head injury. In this regard, the Inspector of Police, Traffic Investigation Wing No.III, Karimedu, Madurai City has registered a case under Ss. 279, 337 and 304(A) and 134(a and b) r/w 187 M.V. Act, in Crime No.8 of 2007. The wife, children and parents of the deceased filed a claim petition claiming compensation of Rs.91,60,000.00.

(3.) Before the tribunal, on the side of the claimants, 3 witnesses were examined as PW1 to PW3 and marked 11 documents. No oral and documentary evidence was adduced on the side of the Insurance Company.