KALAISELVI Vs. GIRISH DEEKSHI

JUDGEMENT

(1.) Being aggrieved by the quantum of compensation awarded to them in M.C.O.P.No.782 of 2002 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Namakkal, wife and minor sons of the deceased Balakrishnan have filed this civil miscellaneous appeal.

(2.) On 03.05.1999, the deceased Balakrishnan was riding his motorcycle bearing Registration No. TN 28 B 2616 and his brother-in- law Govindaraj, who was travelling as a pillion rider from Namakkal to Vellalapatti on the Namakkal Trichy Main Road. While the deceased was nearing Krishnapuram, a van bearing Registration No.KA 03 A 2538 which was coming towards Namakkal in a high speed without blowing horn, hit the motorcycle, as a result of which, the deceased Balakrishnan and Govindaraj were thrown out of the motorcycle and the deceased Balakrishnan died on his way to hospital for treatment. A criminal case was also registered in Crime No.44 of 1999 for the offence under Section 304 A I.P.C. on the file of Thottiyam Police Station. Stating that accident was due to the rash and negligent driving of the van driver, the claimants have filed a petition under Sections 166, 140 and 141 of the Motor Vehicles Act, claiming a compensation of Rs.35 lakhs. The legal heirs of the another deceased by name Govindaraj have also filed claim petition in M.C.O.P.No.658 of 2002 and both the claim petitions were taken up together.

(3.) On the side of the appellants/claimants, P.Ws.1 to 6 were examined and Exs.P1 to P17 were marked. Ex.R1 was marked on the side of the respondents.