Sarasu vs Kanagamani - 2023 Supreme(Mad) 2261

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2261

R. KALAIMATHI
Sarasu – Appellant
Versus
Kanagamani – Respondent

Advocates appeared:
For the Appellant:K. Kuppusamy, Advocate. For Respondent:A. Salomi for C. Ramesh Babu, Advocates.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 23.12.2016 made in M.C.O.P.No.1468 of 2002 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.)

1. The respondents No.3 to 5 have filed the appeal assailing the judgment and decree passed in MC.O.P.No.1468 of 2002 on 23.12.2016 by the Motor Accident Claims Tribunal, Special District Court, Salem for enhancement of compensation.

2. Originally, the claim petition was filed by one Tmt.Kanagamani along with his minor son Mohanraj and mother of the deceased Kumar, Tmt.Marayee against the owner of the lorry, its insurer and against the present appellants herein under Section 166 of Motor Vehicles Act claiming compensation of Rs.7,00,000/- for the death of Kumar during the road accident that occurred on 01.05.2002.

3. The Tribunal after hearing both sides arguments and upon consideration of oral and documentary evidence has awarded compensation for an amount of Rs.4,00,000/- in favour of the claimants and respondents 3 and 5