PETHA GOUNDER Vs. B KAMAL BASHA

JUDGEMENT

(1.) This appeal has been filed against the Judgment and Decree passed in M.C.O.P.No. 297 of 2004 dated 05.02.2008 on the file of Motor Accdents Claims Tribunal, ( Fast Track Court No: 4) at Bhavani.

(2.) On 30.01.2004 at about 10.00 p.m when the deceased P.Ponnukunjan Gounder along with one Palanisamy, were travelling in a Tempo Van from Sunthipalayam to Anthiyur a Tata Van bearing Registration No.TN-57-A-5252 belonging to the 2nd respondent herein came in the opposite direction at a very high speed and dashed on the wall at the road. In the result the deceased Ponnukunjan Gounder and another person Palanisamy died in the spot itself. The accident occurred due to the negligent attitude of the driver of the Tata Van. Therefore, the legal heirs of the deceased P.Ponnukunjan Gounder and Palanisamy filed M.C.O.P.No.297 of 2004 on the file of the Motor Accidents Claims Tribunal, (FTC-4) at Bhavani Erode, District, seeking compensation for a sum of Rs.5,00,000/- The Tribunal, on a consideration of oral and documentary evidence, has awarded a sum of Rs.3,06,400/- payable with interest at the rate of 7.5% per annum.

(3.) Challenging the quantum of the award amount, the appellant has filed this appeal.