M KADEROLI SAIT AND K RAZEEA BEGAUM Vs. J GUNASEKARAN AND BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is preferred by the Appellants-claimants against the judgment and Decree dated 01.06.2004 made in M.A.C.O.P. No. 403 of 2002 on the file of the Motor Accidents Claims Tribunal, Additional District Sessions Judge(Fast Track Court), Dindigul.

(2.) Background facts in a nutshell are as follows:

(3.) After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the auto. Further, the Tribunal of the view that there was contributory negligence on the part of the mother of the minor child. Therefore, after awarding a sum of Rs. 1,55,000/- as compensation, a sum of Rs. 55,000/- was reduced on the ground that there was contributory negligence on the part of the mother of the deceased and the Tribunal has awarded a total compensation of Rs. 1,00,000/- with interest at 9% per annum from the date of petition. The details of the compensation are as follows: