K NALINI Vs. S SHANTHI

JUDGEMENT

(1.) THESE appeals have been filed by the claimants against the common award and Judgment in MACT.O.P.Nos.3011 & 3012 of 2007 dated 24.02.2010, passed by the Motor Accidents Claims Tribunal, Chennai.

(2.) MACT.O.P.No. 3011 of 2007 was filed by the appellant/claimants claiming compensation of Rs.75,75,000/- for the loss of life of P.Kumar, who is the husband of the first appellant, the father of the appellants 2 & 6, the son of the appellants 3 & 4 and the grand son of the fifth appellant. On 04.07.2007, the deceased P.Kumar was riding a Motor cycle bearing registration No.TN-48-E-5187 along with the claimant in MACT.O.P.No. 3012 of 2007, who was the pillion rider, they were proceeding from South to North direction in Trichy-Chennai Bye-pass road and a Trailer Lorry dashed against the Motor cycle. As a result of the accident, the deceased died on the spot and the other claimant sustained grievous injuries. The deceased was owning lorries and JCB excavator and doing contract work as Earth Movers with M/s.S.P.L. Infrastructure Pvt. Limited. The claimants contended that the deceased was earning of Rs.25,000/- to 30,000/- per month and claimed a total compensation of Rs.75,75,000/-. The owner of the vehicle remained ex-parte.

(3.) THE respondent Insurance company resisted the claim petition by disputing the nature of injuries, period of treatment, alleged disability and loss of income and stated that the claim is highly excessive.