AMUTHA Vs. M MUTHUSWAMY

JUDGEMENT

(1.) One J.Kannan rode a motor cycle on 01.10.1999, at Madurai-Tenkasi Main Road, and at that time, a van bearing Registration No. TN 72A 7201 owned by the first respondent hit against him near Vazhithunai Murugan Temple and he died due to the accident. The van was insured with the second respondent. The deceased was employed as the Principal in Chattanatha Karayalar Pharmacy College, Tenkasi. He is a post-graduate in Pharmacy and also obtained Ph.D degree thereafter. He was in receipt of Rs.11,500/- as monthly salary. The wife of the deceased is the first appellant. The appellants 2 and 3 are the parents of the deceased. They filed M.C.O.P.No.17 of 2000, on the file of the Motor Accidents Claims Tribunal(Second Additional Sub-Court),Tirunelveli, claiming Rs.30 lakhs as compensation.

(2.) The Motor Accident Claims Tribunal(Second Additional Sub-Court), Tirunelveli held that the driver of the van was responsible for the accident and passed an award dated 10.09.2001, granting a sum of Rs.12,88,000/- as compensation. This appeal is filed by the claimants seeking enhancement of the award amount and they claimed a sum of Rs.3 lakhs more besides the award of the Tribunal.

(3.) The first respondent, owner of the van remained ex-parte before the Tribunal and the appellant dispensed with notice to the first respondent. The second respondent, though served, remained absent.