POONGODI Vs. NATARAJAN

JUDGEMENT

(1.) Challenge in this appeal is to the award of the Motor Accident Claims Tribunal, Namakkal, dated 2.2.2017, in MCOP No.936 of 2014. The claimants, who are the appellants, seek enhancement of the compensation.

(2.) According to the claimants, the deceased was travelling in a motor cycle from Rasipuram to Karur. At that time, the Tanker lorry bearing Registration no.TN 28 AH 6811, which was travelling ahead of the two wheeler on the extreme right side of the road, which is a four lane road, suddenly swerved left, resulting in the accident. The claimants contended that the deceased was working as Junior Assistant in the Revenue Department, earning a monthly salary of Rs. 28,295/-. Thus the claimants sought for a compensation of Rs. 80 lakhs. The claim petition was resisted by the Insurance Company contending that the accident occurred only due to the rash and negligent driving of the two wheeler by the deceased. According to the Insurance Company, the tanker lorry was proceeding slowly on the extreme right side of the road and the two wheeler came from behind and dashed against the same. The Insurance Company also denied the age, educational qualification and income of the deceased.

(3.) The Tribunal on an appreciation of the evidence on record, particularly first information report, as well as evidence of P.W.1, concluded that the drivers of both the vehicles have contributed equally to the accident and apportioned negligence at 50% each.