SUMATHI Vs. N BALAKRISHNAN

JUDGEMENT

(1.) For the death of deceased Lakshmanan in road traffic accident on 16.07.2001 in M.C.O.P. No. 5308/2001, Tribunal/Chief Small Cause Court, Chennai awarded compensation of Rs. 9,79,020/-. Being dissatisfied with the quantum of compensation, wife, minor son and parents of deceased have filed this Appeal seeking enhancement of compensation.

(2.) Brief facts are that on 16.07.2001 at about 7.15 A.M., the deceased was riding the motor cycle bearing registration No. TN-02 H 8356 along Turnbulls road, Nandanam, Chennai from south to north direction. In the junction road, after getting signal, deceased took a right turn along Chamiers road and proceeded east to west on the above said road. At that time, the driver of the lorry bearing registration No. TNN 2052 who drove the same behind in a rash and negligent manner dashed on the rear side of the motor cycle. Due to the impact, Lakshmanan rider of the motorcycle [deceased Lakshmanan] sustained grievous injuries and admitted in Government General Hospital, Chennai. Inspite of treatment, Lakshmanan succumbed to the injuries on 23.7.2001. Regarding the accident, criminal case in Crime No. 380/S1/2001 of Guindy Traffic Police Station was registered against the lorry driver. Alleging that the accident was due to rash and negligent driving of the lorry driver, wife, minor (son and parents of the deceased Lakshmanan have filed Claim Petition claiming compensation of Rs. 45,00,000/- and restricted the claim to Rs. 10,00,000/- for want of court fees.

(3.) Resisting the Claim Petition, 2nd Respondent-Insurance Company has filed counter stating that on the date of accident, the driver of the lorry did not possess any valid driving license and that the 2nd Respondent-Insurance Company is not liable to indemnify. 2nd Respondent-Insurance Company had also denied the age, occupation and income of the deceased and also the total quantum of compensation claimed and prayed for dismissal of Claim Petition.