LAWS(MAD)-2018-9-74

VEERUSAMY @ VEERUTHEVAR Vs. ARUNACHALAM (DIED)

Decided On September 04, 2018
Veerusamy @ Veeruthevar Appellant
V/S
Arunachalam (Died) Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to modify the judgment and decree dated 11.10.2011, passed in M.C.O.P.No.47 of 2010 on the file of the Motor Accidents Claims Tribunal / Sub Court, Aruppukkottai and direct the second respondent herein to pay the award amount.

(2.) The appellant is the claimant in M.C.O.P.No.47 of 2010, on the file of the Motor Accident Claims Tribunal / Sub Court, Aruppukkottai, claiming a sum of Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) as compensation for the death of his son in the accident that occurred on 203.2010. By the award, dated 11.10.2011, the Tribunal awarded a sum of Rs. 7,55,000/- (Rupees Seven Lakhs and Fifty Five Thousand only) as compensation.

(3.) According to the appellant, on 22.02010 at about 9.15 p.m., when the deceased and his friend, namely, Arunachalam / first respondent herein came in a bike, belonging to the first respondent, due to rash and negligent driving by the first respondent, the accident occurred. Due to the same, the deceased sustained multiple injuries. The deceased was taken to the Government hospital, Virudhunagar. Despite treatment given, he succumbed to injuries. The vehicle of the first respondent was insured with the second respondent. Therefore, the appellant has filed claim petition, claiming a sum of Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) before the Motor Accidents Claims Tribunal / Sub Court, Aruppukkottai.