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TMI Blog2018 (3) TMI 1322X X X X Extracts X X X X X X X X Extracts X X X X ..... 1757 of 2010 M.P(MD) No.2 of 2010 - - - Dated:- 28-11-2017 - V. Bhavani Subbaroyan, J. For the Appellants : Mr.N.Karthikeyan For the Respondent : Mr.N.Ananthapadmanaban, Mr.A.Shajahan JUDGMENT The Civil Miscellaneous Appeal has been filed against the Judgement and Decree, dated 16.07.2009, made in MACTOP.No.1525 of 2010, on the file of the Motor Accidents Claims Tribunal Cum I-Additional District Court, Madurai. 2. For the sake of convenience, the parties herein are referred to as per their ranking in the claim petition. 3. The facts of case are as follows: The case of the claimants is that on 25.03.1998, around 10.30 p.m., on Madurai to Mandabam Main Road at Manamadurai in Sivagangai District, near Ashok Petrol B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion and arrived at a correct compensation, under various heads. 6. Per contra, the learned counsel appearing for the appellants would contend that the Tribunal ought to have accepted the evidence of the appellants and the reliable documents, which show that there was no indication and no parking light was set on the Lorry and the another MCOP filed before the Tribunal was dismissed based on the valid ground. He further submitted that the Tribunal has committed an error in not considering the fact that the accident had happened due to the reckless and lethargic attitude of the driver of the Lorry. He further finds fault on the averments in the claim petition and would submit that they have already disbursed some benefits to the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he lorry. He would also admit that the lorry was parked near the petrol bunk, but the stone was placed on the road near the lorry. Hence, the jeep could have been driven in the left side of the road, where there was no stone. But the jeep driver turned the vehicle in the right side, due to the same, the accident had occurred and it shows that the jeep driver has come on the wrong side and dashed against the lorry. 8. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the claimants 1 to 4 and the learned counsel appearing for the seventh respondent and perused the records. 9. On perusal of the records, this Court finds that from the rough sketch, which was approved in the other MCOP.No.247 of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent/2nd appellant herein to deposit the said amount within a period of two months from the date of award with 7.5% p.a., from the date of petition till the date of deposit. This Court finds that it is reasonable and just compensation and no interference is required in this appeal and hence, this appeal is liable to be dismissed. 10. Accordingly, this Civil Miscellaneous Appeal is dismissed and the award passed in M.A.C.T.O.P.No.1525 of 2000, dated 16.07.2009, on the file of the Motor Accidents Claims Tribunal cum I-Additional District Court, Madurai, is confirmed. The appellants are directed to deposit the entire award amount, with interest and cost, as awarded by the Tribunal, less the amount already deposited, if any, within a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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