M EPSY GRAICE MARTIN Vs. J MANI

JUDGEMENT

(1.) The claimants before the Tribunal, who are wife and four daughters of the deceased, by name, Mani, have come forward with the present appeal seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal (Chief Judge), Court of Small Causes, Chennai, by award dated 28.02.2014 in M.C.O.P. No. 4881 of 2007.

(2.) The case of the claimants before the Tribunal was that on 15.07.2007, when the deceased Mani was proceeding towards Mahabalipuram, in his motor cycle bearing Registration No. TN 21 R 9946, his two-wheeler was hit by another motor cycle bearing Registration No. TN 09 T 9972, driven in a rash and negligent manner, insured with the 2nd respondent Insurance Company, resulting in his death. Hence, the claim petition was filed seeking compensation to the tune of Rs. 40 lakhs.

(3.) In order to prove the claim, on the side of the claimants, the 1st claimant/wife of the deceased examined herself as P.W.1, besides examining six other witnesses and marking Exs-P1 to P24. On behalf of the Insurance Company, two witnesses were examined as R.W.s 1 and 2 and 9 documents were marked as Exs-R1 to R9. The Tribunal, on appreciating the entire evidence on record, came to the conclusion that the accident had occurred only due to the rash and negligent driving of the vehicle insured with the Insurance Company and passed an award for a total sum of Rs. 24,74,040/- and the break-up details of the award are as hereunder: <FRM>JUDGEMENT_686_LAWS(MAD)1_2018_1.html</FRM>