JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decreetal order passed by the Motor Accident Claims Tribunal cum Special District Judge, Tiruchirappalli, in M.C.O.P.No.66 of 2017, dated 11.12.2018.)

1. This Civil Miscellaneous Appeal has been filed against the award passed by the Motor Accident Claims Tribunal cum Special District Judge, Tiruchirappalli, in M.C.O.P.No.66 of 2017, dated 11.12.2018. The appellants herein are the claimants and the respondents herein are the respondents in the original M.C.O.P. Petition.

2. A brief substance of the petition, in M.C.O.P.No.66 of 2017, is as follows:-

On 01.12.2016, at about 1.30 pm., when the deceased- Ramesh was watching work in a construction site, a JCB vehicle bearing Registration No.TN-47- Z-4451 was driven by its driver in a rash and negligent manner, dashed against the deceased, who was standing at the work site. The deceased sustained grievous injuries, he was taken to Alwar Hospital, Thottiam, then, he was taken to Kaveri Medical Centre, Trichy. He died on 10.12.2016. The accident occurred due to the rash and negligent driving of the first respondent driver. The deceased was aged about 54 years, he was working as a Manager under One Jeyabal - Contractor and he was earning Rs.15,000/- per month. The petitioners are his dependants and they claim a sum of Rs.20,00,000/- as compensation.

3. A Brief substance of the counter filed by the first respondent, in M.C.O.P.No.66 of 2017, is as follows:

The age, occupation, details of employment, monthly income and nature of injuries are all denied. The accident did not take place as stated by the petitioners in the petition. There was no negligence on the part of the driver of the JCB. The claim is excessive.

4. A Brief substance of the counter filed by the second respondent, in M.C.O.P.No.66 of 2017, is as follows: The age of the deceased was 54 years and he was working in a Engineering company as a Manager is denied. The manner of accident is to be proved. The claim is excessive. There is no merit in the petition.

5. Two (2) witnesses were examined and 7 documents were marked, on the side of the claimants. No witness was examined and no document was marked, on the side of the respondents. After considering both sides, the Tribunal awarded a sum of Rs.7,96,000/- as compensation.

6. Against the order, the claimants / appellants have filed this appeal, for enhancement of compensation, on the following grounds:-

The deceased was given treatment at Kaveri Medical Centre, Trichy, from 01.12.2016 till 10.12.2016. Ex.P4 to Ex.P6 were documents relating to the medical bills. The medical expenses as per Ex.P4 is Rs.1,30,000/- and as per Ex.P5 is Rs.94,710/- and the claimants are entitled to Rs.2,24,710/- towards medical expenses, but, the same was not mentioned in the compensation awarded by the Tribunal. The medical expense was already paid by the claimants.

7. On the side of the appellants/claimants, it is stated that the claimants has undergone mental agony for a period of 10 days, hence, a sum of Rs.50,000/- is to be awarded towards mental agony suffered by the claimants. The Tribunal has failed to award attender charges and ought to have awarded Rs.50,000/- towards attender charges.

8. Copy of F.I.R. was marked as Ex.P1. P.W.2 was examined as an eye witness. In Ex.P1-F.I.R and in the evidence of P.W.2, it is stated that it was the driver of J.C.B, who was rash and negligent and he was the root cause for the accident. There is no rebuttal evidence on the side of the respondents. Hence, it is decided that the accident has happened due to the rash and negligent driving of the J.C.B. Driver.

9. On the side of the appellants, it is stated that the deceased was admitted in Hospital and that he took treatment as inpatient for a period