LAWS(MAD)-2019-3-513

SABURABEE Vs. MOHAMED

Decided On March 28, 2019
Saburabee Appellant
V/S
MOHAMED Respondents

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the appellants/claimants seeking enhancement of compensation granted by the Tribunal in the award dated 23.07.2015 made in M.C.O.P.No.85 of 2006 on the file of the Motor Accident Claims Tribunal, Sub Court, Panruti.

(2.) By consent of the learned counsel appearing for the appellants, 2nd respondent/Insurance Company as well as 3rd respondent, the appeal is taken up for final disposal at the stage of admission itself.

(3.) The appellants are claimants in M.C.O.P.No.85 of 2006 on the file of the Motor Accident Claims Tribunal, Sub Court, Panruti. They filed the said claim petition claiming a sum of Rs.7,00,000/- as compensation for the death of one Kaderbeig, who died in the accident that took place on 07.06.2005. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the Tata sumo car belonging to the 3rd respondent and directed the 3rd respondent to pay a sum of Rs.5,59,000/- as compensation to the appellants. The Tribunal dismissed the claim petition as against respondents 1 and 2. Challenging the portion of the award dismissing the claim petition as against respondents 1 and 2 and not being satisfied with the amount awarded by the Tribunal, the appellants have come out with the present appeal seeking enhancement of compensation.