- (1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 23.09.2004, made in M.C.O.P.No.1619 of 2003, on the file of the Motor Accident Claims Tribunal (Principal Subordinate Judge), at Cuddalore, awarding a compensation of Rs.6,70,500/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.
(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to scale down the award granted by the Tribunal. The short facts of the case are as follows: On 07.06.2003, at about 10.15 p.m. while the (deceased) P.Sekar was walking from south to north direction at his extreme left hand side of the Villupuram to Chennai G.S.T.Road at Villupuram and opposite to Aristo Hotel, the first respondent's car bearing registration No.TN31 B6374, coming in the same direction and driven at a high speed and in a rash and negligent manner by its driver, dashed behind the(deceased) P.Sekar. Due to the accident, the (deceased) P.Sekar died on the spot. The deceased was hale and healthy at the time of accident and was aged about 32 years old and earning a sum of Rs.7,500/- per month as a transport contractor and driver. He was the only breadwinner of his family. The first respondent being the owner of the said car involved in the said accident and the second respondent being the insurer of the car are liable to pay compensation to the petitioners, who are the legal heirs of the deceased, P.Sekar.
(3.) THE 1st petitioner is the wife of the deceased, 2nd, 3rd and 5th petitioners are the minor daughters of the deceased and the 4th petitioner is the minor son of the deceased. THE petitioners have claimed a compensation of Rs.15,00,000/- together with interest at the rate of 18% per annum and costs from the respondents under Section 166(1) of the Motor Vehicles Act. Regarding the said accident, a criminal case has been registered at the Villupuram Taluk Police Station in Crime No.504/2002.;