JUDGMENT

The appellant insurance company, aggrieved by the award passed by the Motor Accident Claims Tribunal, Special District Court, Villupuram, in M.C.O.P.No.232 of 2016, dated 10.08.2022, has filed this appeal.

2. The dependents, who are the sisters and brother of the deceased Sivasubramanian, filed the claim petition on the ground that the deceased was standing in a bus stand at Tirunavallur - Cuddalore main road on 31.07.2015 and at about 8.10 p.m., the offending vehicle belonging to the first respondent in the claim petition was driven in a rash and negligent manner and it dashed on the deceased and the deceased sustained grievous injuries. In spite of the treatment given to the deceased, he died on 30.09.2015. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking compensation.

3. The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at