PUNNIYAKODI Vs. RAVINDRAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree, dated 12.09.2011, passed in M.C.O.P.No.2910 of 2002, by the Motor Accident Claims Tribunal / Additional District Court (Fast Track Court No.II), Trichirappalli.

(2.) The short facts, leading to filing the present Appeal, are as follows:-

(3.) The appellants are the claimants in M.C.O.P.No.2910 of 2002, on the file of the Motor Accident Claims Tribunal / Additional District Court (Fast Track Court No.II), Trichirappalli. The appellants / claimants claimed a compensation of Rs.2,00,000/-, due to the death of their mother viz., Pattu, in a fatal accident, which occurred on 30.06.2002, before the Tribunal. After trial, on evaluation of pleadings and evidence, the Tribunal held that both the vehicles are responsible for the accident and are liable for contributing negligence in causing the accident. Hence, the Tribunal has Awarded a sum of Rs.60,000/- under the head, 'Loss of love and Affection', and awarded a sum of Rs.3000/- towards funeral expenses and also awarded a sum of Rs.3000/- towards damages to the properties, totally a sum of Rs.66,000/- with interest at 7.5% per annum and also costs. Further, the Tribunal held that R1 and R2 are jointly and severally liable to pay 50% of the compensation and the remaining 50% of the compensation was directed to be paid by R4 at the first instance, and thereafter, R4 was directed to recover the same from R The Tribunal has rejected the claim of loss of income due to death of mother of the claimants, since the claimants were married and are living separately, they are not dependents of the deceased, who is aged about 60 years old at the time of accident. Hence, aggrieved by the Award, the claimants have preferred the present Appeal before this Court for enhancement of compensation.