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2021 Supreme(Mad) 3450

ABDUL QUDDHOSE
V. Clara – Appellant
Versus
U. Sahul Hameed – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.T.G.Balachandran
For the Respondent: Mr.D.Nadhamuni

JUDGMENT :

1. This Civil Miscellaneous Appeal has been filed by the claimants seeking enhancement of compensation under the impugned award dated 02.06.2011 passed by the Motor Accident Claims Tribunal (I Fast Track Court at Chennai) in MCOP.No.282 of 2008.

2. Heard Mr.T.G.Balachandran, learned counsel for the Appellants/claimants and Mr.D.Nadhamuni, learned counsel for the second respondent/ Insurance Company. The first respondent has remained exparte both before the Tribunal as well as this Court.

3. The Appellants/claimants unsatisfied with the quantum of compensation awarded by the Tribunal have preferred this Appeal seeking for enhancement. The details of the compensation awarded by the Tribunal to the Appellants/claimants are as follows:

Heads Award Amount (Rs.)

Loss of pecuniary benefits 1,50,000/-

Loss of non-pecuniary benefits 75,000/-

Loss of Future prospects 75,000/-

Funeral Expenses 5,000/-

Total 3,05,000/-

4. Before the Tribunal, the Appellant/claimant has filed seven documents which were marked as Ex.P1 to Ex.P7 and two witnesses were examined namely, the second Appellant/second claimant as PW1 and an eye witness to the accident as PW2. On the side of the second respondent Insur

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