M SUSEELA Vs. A MANIKANDAN

JUDGEMENT

(1.) One Venkateshwaran died in an accident on 01.10.2011. He was a pillion rider in a two wheeler. A Tata Indica car belonging to the second respondent herein and insured with the third respondent was the offending vehicle. The wife and children of the said Venkateshwaran filed a claim petition in M.C.O.P.No.50 of 2013 on the file of the learned Chief Judicial Magistrate/Motor Accidents Claims Tribunal, Nagercoil. The deceased left behind three minor children. The deceased was said to be working as a mason under one Government contractor by name Boopathy.

(2.) The Tribunal had given a finding that the accident occurred on account of rash and negligent driving of the driver of the Tata Indica car. This finding is based on proper reasoning and credible material and therefore, this finding does not warrant any interference. In any event, the award of the Court below has not been challenged by the insurer or the vehicle owner. It is only the claimants who have come before this Court seeking enhancement. The Tribunal by order dated 210.2013, has awarded a sum of Rs. 7,92,000/- with interest at 7.5% p.a. The same is challenged before this Court.

(3.) Heard the learned counsel on either side.