JUDGMENT : -

V. GOPALA GOWDA, J.

This appeal has been filed by the appellants being aggrieved by the judgment dated 12.09.2012 passed in C.M.A. No. 690 of 2011 by the High Court of Madras whereby the High Court reduced the compensation awarded at Rs.37,33,248/-by the Motor Accidents Claims Tribunal and re-determined at Rs.15,84,750/-.

2. The necessary relevant facts are stated hereunder to appreciate the case of the appellants with a view and to ascertain whether the appellants are entitled for the enhancement of compensation as prayed in this appeal.

The deceased met with an accident on 28.01.2009 on account of rash and negligent driving of the motor vehicle bearing registration No. TN-23-AF-0048, which hit the back side of the deceased’s motor cycle. The deceased sustained grievous injuries and succumbed to the same. A post-mortem was conducted on 29.01.2009 and inspection report was filed in CC.No.55 of 2009 before the Court of Judicial Magistrate No. II, Walajahpet by the Inspector of Police against the driver of the offending vehicle. The prosecution has failed to prove the case against the driver beyond reasonable doubt, therefore, the learned Judicial Magistrate had acquitted th