S RAMAMORTHY Vs. M S SRIPARASAKTHI FIRE WORKS

JUDGEMENT

(1.) APPEAL filed under Section 173 of the Motor Vehicles Act 1988, against the judgment and award dated 13.03.2008, passed in M.C.O.P.No.5 of 2006 by the Motor Accident Claims Tribunal, Principal District Judge, Virudhunagar. 1. This Civil Miscellaneous APPEAL has been preferred by the claimants against the award of Rs.60,000/-(Rupees sixty thousand only) as against their claim of Rs.2,50,000/-(Rupees two lakhs and fifty thousand only).

(2.) THE facts of the case are as follows: THE case of the appellants, (herein after referred to as claimants) is that on 28.09.2005, the mini door auto belonging to the first respondent hit the child of the claimants while reversing the said auto. THE child which was 11 months old, died on the spot. Hence, the claimants preferred the claim petition claiming compensation to the tune of Rs.2,50,000/-(Rupees two lakhs and fifty thousand only).

(3.) AS far as quantum is concerned, relying upon the judgment reported in 2007 ACJ 2816, a sum of Rs.60,000/-(Rupees sixty thousand only) was awarded.