PALANIYAMMAL Vs. SINDHU

JUDGEMENT

(1.) Aggrieved by the award dtd. 28/7/2015 passed by the Tribunal in M.C.O.P. No. 575 of 2013, the appellants/claimants have preferred this Civil Miscellaneous Appeal.

(2.) It is the case of fatal accident for death one Muthusamy, aged 70 years, who was self employee/rice merchant and earned Rs.10,000.00pm, the dependants are filed claim petition seeking compensation of 10-lakhs for accident happened on 6/10/2012 and died on same day in the hospital. Upon consideration of the oral and documentary evidence, the Tribunal held that the accident happened due to rash and negligent driving of the first respondent driver and the first Respondent is owner of vehicle, since the said vehicle was insured with the Second respondent insurance company, the Tribunal held that the respondents 1 and 2 are jointly and severally liable to pay the compensation. Based on the pleadings and evidences the learned tribunal granted compensation a sum of Rs.1,15,000.00 and the same is under challenge in the above appeal.

(3.) Since negligence and liability are not disputed either of parties and only Quantum of compensation arrived by the tribunal is inadequate, hence this court not traversed with regard to negligence and Liability fixed by the tribunal are confirmed.