P. THENMOZHI Vs. P. SUNDARAVARADHAN

JUDGEMENT

(1.) CMA No.2855 of 2015 has been filed by the Appellants / claimants seeking enhancement of compensation under the impugned award dated 20.08.2015 passed by the Motor Accident Claims Tribunal, Poonamallee (District Judge, District Court - II, Kanchipuram) in M.C.O.P. No.368 of 2011. CMA No.1186 of 2016 has been filed by the Insurance Company challenging the same award questioning the quantum of compensation awarded by the Tribunal. Brief facts leading to the filing of these appeals:

(2.) On 05.02.2011, a person by name OmKumar, aged 32 years was riding in his Motor Cycle viz., Hero Hondo Splendor bearing Registration No.TN21 - F - 2953 from Vellore to Kanchipuram. At that time, a bus which is insured with the Appellant belonging to one P.Sundaravaradhan who is the first respondent in CMA.No.2855 of 2015 and the third respondent in CMA.No.1186 of 2016 bearing Registration No.TN-21-AH-0199 came in the opposite direction and collided with the motor cycle. Due to the collision, the rider of the motor cycle fell down and sustained fatal injuries. Immediately, he was admitted in the Meenakshi Medical College Hospital for treatment and during the course of treatment, he died.

(3.) The claimants who are the parents of the deceased have filed the claim petition before the Motor Accidents Claims Tribunal, District Court-II, in M.C.O.P. No.368 of 2011, claiming a compensation of Rs.90,80,000/-, which was restricted by the claimants to Rs.75,00,000/-