MUNIRAJ Vs. T S BALACHANDAR

JUDGEMENT

(1.) Aggrieved over the award passed by the Claim Tribunal/Principal District Court, Krishnagiri in MCOP No.528 of 2007, the appellants who are the claimants in the claim petition filed this appeal, in which they are seeking the relief to enhance the claim amount awarded by the Tribunal. In the Claim Tribunal, the appellants had filed a claim petition under Section 166 of MV Act, in which they prayed for the compensation of Rs. 19,00,000/- for the death of Rajamanickam. The appellants 1 and 2 are herein are the parents of the deceased Rajamanickam. After elaborate enquiry, the claim Tribunal awarded Rs. 3,93,000/- as a total compensation with interest at the rate of 6% per annum, against which the present appeal has been filed.

(2.) In the claim Tribunal, the case of the appellants 1 and 2 is as follows.

(3.) On the other hand, opposing the claim of the petitioner by filing a Counter, the 2nd respondent Insurance Company denied the accident itself and stated only due to the rash and negligent driving of the deceased the accident occurred. It is contended and not admitted that the deceased Rajamanickam was hale and healthy at the time of his death and that he has not contributed major income to his family. The age, avocation and income of the deceased are also denied. The claim the appellants is an exorbitant. Thus the 2nd respondent sought for dismissal of the claim petition.