ANBAZHAGI Vs. RAMACHANDRAN

JUDGEMENT

(1.) Aggrieved over the award passed by the Motor Accidents Claims Tribunal, Thiruvannamalai, in M.C.O.P.No. 1231 of 2003, the appellant herein, who are the claimant, in the claim petition filed this appeal, in which, she is seeking the relief to enhance the award amount passed by the Claim Tribunal. In the Claim Tribunal, the appellant had filed a claim petition under Section 166 of the Motor Vehicles Act, in which, she claimed a compensation of Rs. 5,00,000/- for the death of Chinnammal, who is the mother of the claimant. The respondent No. 1 is the owner of the offending vehicle, the 2nd respondent is the insurer. After elaborate enquiry, the Claims Tribunal awarded a compensation of Rs. 2,02,000/- along with the interest at the rate of 9% per annum, against which the present appeal has been preferred.

(2.) On 06.07.2003 at about 04.30 p.m., in the Thiruvallur Thiruthani road near to Nedumbaram Sakthi Juice company, when the deceased Chinnammal was walking in the road side. One Tata Sumo bearing registration No. TN 01 Q 0875 owned by the 1st respondent, and insured with 2nd respondent came in a rash and negligent manner, and hit against the deceased Chinnammal. Due to the accident the deceased Chinnammal died on the spot itself, after the accident SHO Kanakammal Chathiram Police Station registered a case in Crime No. 201 of 2003 under Section 279, 337,304(A) of IPC against the driver of the tata sumo vehicle. Thereby, the claimant who is the daughter of the deceased filed a claim application, claiming a compensation of Rs. 5,00,000/-

(3.) On the other hand, opposing the claim of the petitioner by filing counter, the 2nd respondent Insurance Company denied accident itself, and stated that only due to the rash and negligent act of the deceased the accident occurred. The Claim of the petitioner is excessive, the age, avocation and income of the deceased are all denied. Thus, the 2nd respondent sought for dismissal of claim petition.