ANANDHI Vs. RAJAMANIKKAM

JUDGEMENT

(1.) Challenge in these appeals by the claimants, is to the Award dated 25.02.2016 in MACTOP Nos.2969 and 2970 of 2012 of 2015 passed by Motor Accidents Claims Tribunal, (V Court of Small Causes), Chennai, granting a sum of Rs. 2,95,500.00 to the appellant in CMA No.3029/2017 and Rs. 2,41,000.00 to the appellant in CMA No.3030/2017 for the injuries suffered by them in the motor accident that occurred on 26.09.2011.

(2.) According to the appellants/claimants, on 26.09.2011, while the appellants (mother and son) were walking on the Urappakkam, Ananthavalli GST Road junction, a Pulsar Motor Cycle, bearing Registration No.TN-19-A-2896 came from Tamabaram, driven by its rider in a rash and negligent manner, dashed against the appellants, as a result of which, the claimants sustained grievous injuries. They claimed compensation of Rs. 18,00,000.00 and Rs. 6,00,000.00 respectively.

(3.) The claim petition was resisted by the second respondent Insurance Company contending that it was the negligence on the part of the claimants who attempted to cross the road suddenly without looking for oncoming vehicles that resulted in the accident. The quantum of compensation was also termed as excessive considering the nature of injuries.