- (1.) WHEN the appeal came up for admission, by consent, the main appeal itself is taken up for final hearing.
(2.) THE appeal is preferred by the appellants against the judgment and decree dated 21.12.2006 made in M.C.O.P. No.365 of 2002 on the file of the Motor Accident Claims Tribunal cum Additional District Court, Vellore. The background facts in a nutshell are as follows:- On 17.10.1999, at about 02.30 p.m. the deceased Sundarajan met with motor vehicle accident. He was proceeding in his motorcycle bearing Registration No.TDQ-1431 towards east. At that time, a jeep bearing Registration No.TN-09-G-0069 belonging to the first appellant herein, which came in the opposite direction, driven by its driver in a rash and negligent manner and hit the deceased. Due to which, the deceased sustained fatal injuries. Immediately, after the accident he was admitted in C.M.C. Hospital, Vellore, and after giving valid treatment the injured Sundararajan was died on 04.11.1999. The claimants are the wife and three minor children of the deceased. They claimed a sum of Rs.10,00,000/- as compensation before the Tribunal. The appellants resisted the claim. On pleadings, the Tribunal framed the following issues:- "1. Whether the accident had occurred due to the rash and negligent driving of the driver of the van" 2. Whether the claimants are entitled for the compensation" If so, what is the quantum of compensation" 3. To what relief"" After considering the oral and documentary evidence, the Tribunal held that the accident occurred only due to the rash and negligent driving of the driver of the van and awarded a compensation of Rs.5,69,984/- with interest at the rate of 7.5% per annum from the date of the claim petition till the date of payment. The Tribunal further directed the second appellant to deposit the compensation amount awarded as above together with accrued interest, within two months from the date of receipt of the order. The details of the same are as under:-s Loss of income to the family Rs.4,69,120/- Medical expenses Rs. 95,864/- Funeral expenses Rs. 2,000/- Loss of love and affection Rs. 3,000/- ------------------ Total...Rs.5,69,984/- ----------------- Aggrieved by that award, the appellants have filed the present appeal. The learned counsel appearing for the appellants has questioned only the quantum of compensation awarded by the Tribunal by contending that the amount awarded by the Tribunal is excessive, exorbitant, without basis and justification. Therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.
(3.) LEARNED counsel appearing for the respondents/claimants submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence, the order of the Tribunal is in accordance with law and the same has to be confirmed. Heard the learned counsel on either side and perused the materials available on record. On the side of the claimants P.Ws.1 and 2 were examined and documents Exs.P.1 to P.11 were marked. On the side of the appellants, Dhanaraj driver of the van was examined as R.W.1 and Judgment made in C.C.No.102 of 2001 by the Judicial Magistrate dated 25.04.2006 was marked as Ex.R.1. P.W.1 is the wife of the deceased. P.W.2 Subramani Mudaliyar, is an eye witness to the accident. Ex.P.1 is the Notice. Ex.P.2 is the Postal receipt. Ex.P.3 is the First Information report. Ex.P.4 is the Altered First Information report. Ex.P.5 is the Postmortem certificate. Ex.P.6 is the death summary. Ex.P.7 is the Motor Vehicle Inspector's report. Ex.P.8 is the Army identity card. Ex.P.9 is the Medical bill. Ex.P.10 is the Fitness certificate. Ex.P.11 is the Pension payment order. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the van. The finding is based on valid materials and evidence.;