S NAVAMANI Vs. JOSEPH

JUDGEMENT

(1.) The instant appeal has been filed by the claimants challenging the Award dated 18.12.2012 passed by the Motor Accident Claims Tribunal (Sub Court, Perundhurai) in M.C.O.P.No.182 of 2011.

(2.) One Shanmugam died on 08.04.2011 as a result of an accident caused by a Yamaha Motor Cycle bearing registration No.TN33-T-7651 driven by the first respondent and insured with the fourth respondent United India Insurance Company Limited. The second and third respondents are the previous and current owner of the said vehicle respectively. The dependents of the deceased Shanmugam, who are the Appellants in the instant appeal, preferred a claim before the Motor Accident Claims Tribunal in MCOP.No.182 of 2011 seeking a compensation of Rs. 10,35,000/- which was restricted to Rs. 10,00,000/- for the death of Shanmugam. The Motor Accident Claims Tribunal by its Award dated 18.12012 in MCOP.No.182 of 2011 directed the respondents 1 to 3 jointly and severally to pay the Appellants a sum of Rs. 3,20,000/- together with interest at the rate of 7.5% per annum from the date of claim till the date of realisation. Under the impugned Award, the Tribunal has exonerated the liability of the fourth respondent insurance company.

(3.) Heard, Mr.S.kaithamalai Kumaran learned counsel for the Appellants and Mrs.R.Srividhya, learned counsel for the fourth respondent. Despite service of notice on the remaining respondents and their names having been printed in the cause list today, none appears on their behalf.