R MAHESWARI Vs. A JAMAL

JUDGEMENT

(1.) The instant appeal has been filed by the claimants seeking enhancement of compensation under the impugned Award dated 30.07.2010 passed by the Motor Accident Claims Tribunal (Fast Track Court at Ponneri) in M.C.O.P.No.525 of 2007.

(2.) One Ramar died on 16.05.2007 as a result of an accident caused by a tractor bearing Registration No.TN-21-Y-8616 owned by the first respondent and insured with the second respondent. The Appellants who are the dependents of the deceased Ramar, preferred a claim before the Motor Accident Claims Tribunal in M.C.O.P.No.525 of 2007 seeking a compensation of Rs. 17,73,000/-, which was restricted to Rs. 14,00,000/-. The Motor Accident Claims Tribunal assessed the compensation payable to the Appellants at Rs. 19,40,560/-, but since the Appellants made a claim only for Rs. 14,00,000/-, the Tribunal restricted the compensation payable to the Appellants to Rs. 14,00,000/- only, under the impugned Award. The instant appeal has been filed seeking for payment of the balance compensation of Rs. 5,40,560/- as assessed by the Tribunal under the impugned Award. The Appellants have paid court fee for the said balance amount of Rs. 5,40,560/- in the instant appeal.

(3.) Heard, Mr.V.Sivakumar, learned counsel for the Appellants and Mr.S.Manohar, learned counsel for the second respondent. The first respondent has remained ex parte both before the Tribunal as well as before this Court.