The court established the entitlement of the claimants to receive interim compensation and the legal obligation of the Insurance Company to pay the amount within a specified period.

On 01.06.2010, at about 01:00 p.m., when the (deceased) Ashok Kumar Goyal was riding his motorcycle bearing Registration No.TN-07-AT-0275, on the Muthusamy Salai, the Van bearing Registration No.TN-22-AJ-1638, driven by its driver in a rash and negligent manner dashed against him. As a result, the (deceased) had succumbed to his injuries, in spite of medical treatment. Hence, the legal heirs of the deceased had filed the claim against the owner and insurer of the offending vehicle.

2. In the said case, the respondents have not filed counter statement, even after receiving notice from the Court. The claimants had filed proof affidavit and two witnesses were examined and 29 documents were marked. After recording the evidence of the witnesses and on perusing the proof affidavit including exhibits, the Tribunal had granted compensation of a sum of Rs.59,64,250/- with interest at the rate of 7.5% per annum. Not being satisfied with the quantum of compensation, the claimants have filed the above appeal and sought additional compensation of a sum of Rs.5,00,000/- with interest.

3. The learned counsel appearing for the claimants submits that the claim petition had been levelled on 30.05.2011 and notice were served on the respondents. After receiving the said notice, no one appeared before the Tribunal. The Tribunal also had granted sufficient time for the respondents for their appearance and counter statement, but in spite of this no one appeared. Hence, the main O.P. was posted for claimants' evidences. The first claimant and eyewitness have filed proof affidavit on 29.08.2013 and also recorded their evidences and 24 documents were marked. After recording the evidence of the witnesses and on perusing the exhibits marked by the claimants, the Tribunal had granted the impugned award. The learned counsel further submits that the (deceased) underwent medical treatment from 01.06.2010 to 30.12.2010 i.e. till his death at Appollo Hospital. The claimants had spent more than Rs.20,00,000/- towards medical expenses. To that effect, the claimants have marked hospital bills, pharmacy bills and connected records.

4. The deceased was an Income Tax assessee and he was earning Rs.60,000/- per month since he was running a printing press. After his death, the press was closed. All the 3 claimants are depending upon the income of the deceased. Considering the age, income, occupation, medical expenses and dependency, the award was passed. Now, the claimants are seeking an additional compensation of a sum of Rs.5,00,000/- with interest. Even though, the Insurance Company had not contested the case by filing a counter statement, there is no lacuna or lapse in the impugned award and it is suitable for execution.

5. The very competent counsel Mr. S.R. Sumathy appearing for the second respondent / Insurance Company vehemently argued that due to unavoidable circumstances, the Insurance Company had been shifted from one place to another place. Therefore, the claim petition proceedings could not be followed. However, knowing the passing of exparte award, the contested respondent rushed to the Tribunal and filed an application for setting aside the exparte award, before numbering the said application, the claimant has filed the above appeal before this Court and the same has been admitted. Subsequently, the trial Court records were called for to decide the above appeal. As a result, the set aside application is not numbered and is still pending on the file of trial Court. Hence, the very competent counsel entreats the Court to remand the above appeal to the trial Court for fresh disposal.

6. Per contra, the learned counsel Mr. U.M. Ravichandran appearing for the appellants submits that the accident had happened on 01.06.2010. Immediately claim petition has been filed and now after 5 years, the Insurance Company has come forward to oppose the well considered award. The claimants had spent a sum of Rs.20,63,000/- towards medical expenses. Therefore, und