P NATARAJAN Vs. KRISHNAN

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation, parents of deceased Rajagopal have filed this appeal.

(2.) Deceased Rajagopal passed M.B.B.S in the year 1997 and he was running a clinic under the name and style of "Chandra Clinic" in Koovathur. On 11.3.1998 at 4.50pm Rajagopal was travelling from Koovathur towards Chengalpattu in his bike bearing Registration No. TN 22 E 3248. While he was approaching Vittilapuram Village, the lorry bearing Registration No. TN 09E 3209 driven in a rash and negligent manner came from behind and hit against Rajagopal and caused the accident. In the accident, the deceased sustained fracture in the head and multiple injuries all over the body and immediately he was taken to Chengalpattu Medical College Hospital for treatment and he died on his way to the hospital. Regarding the accident a criminal case was also registered in Cr. No.137/8 in E.3, Sadras Police Station. It is stated that the deceased was running a clinic in the name and style of 'Chandra clinic' and that he was selected for the post of Assistant Divisional Medical Officer in Indian Railways and salary for the said post was Rs.15,500/- per month. Parents of Rajagopal have filed claim petition claiming compensation of Rs.50,00,000/-.

(3.) Respondents resisted the claim petition inter alia denying negligent driving of the lorry. Appellant Insurance Company also denied the income of deceased Rajagopal.