ANTHONI ROOBAN Vs. ASTALAKHSHMI GAS CARRIERS

JUDGEMENT

(1.) This Civil Miscelleneous Appeal is filed by the appellant/claimant seeking enhancement of compensation granted by the tribunal in the award dated 19.10.2009 made in MCOP. No. 421 of 2014 on the file of the Motor Accidents Claims Tribunal, Distirct Judge, Tiruvannamalai.

(2.) The appellants are the claimants in MCOP. NO. 955 of 2008 on the file of the Motor Accidents Claims Tribunal, Distirct Judge, Tiruvannamalai. They filed the said claim petition claiming a sum of Rs.10,00,000/- as compensation for the death of the deceased in the accident that took place on 15.08.2008. The tribunal, considering the pleadings, oral and docuemntary evidence, held that the accident occurred due to rash and negligent driving by the driver of the 1st respondent's tanker lorry bearing registration No. TN 28 B 9567 and directed the respondents 1 & 2 to pay the compensation of Rs. 2,19,200/- jointly and severally. Not being satisfied with the amount awarded by the tribunal, the appellant has come out with the present appeal seeking enhacement of compensation.

(3.) The 2nd respondent/Insurance company in their counter statement, denied the mode of the accident as narrated by the claimants and further denied that the deceased was having mechanic shop and was earning Rs.15,000/- per month at the time of the accident. It is further stated that rider of the Hero Hodna bearing Reg.No. KA.03-HC 2930 in which the deceased travelled was not having driving licence and as per the Investigation report, the deceased had travelled along with two other friends,totally three persons, which is against the traffic lawl, hence the Insurnce Company is not liable to pay any compensation to the petitioner.