RAJESWARI Vs. N PALANI

JUDGEMENT

(1.) The parents of the deceased Rajeswaran have come forward with the present appeal questioning the quantum of compensation awarded by the Tribunal in its award dated 10.08.2004 made in MACTOP No. 1253 of 2003.

(2.) The facts which gave rise for filing the claim petition was that on 16.08.1993 at about 2.30 p.m. the deceased Rajeswaran was riding the motor cycle bearing Registration No. PY-01-S-1334 along with his friend Karunanidhi as pillion rider on their way from Cuddalore to Pondicherry after purchasing certain items for his fishing. When the motorcycle was nearing Arubadaiveedu Medical College at Pondicherry ? Cuddalore Main Road, the bus bearing Registration PY-01-L-9499 was driven by its driver in a rash and negligent manner from the opposite direction i.e., North to South direction and dashed the two wheeler. In the impact, the deceased along with his friend was thrown away and they were in a pool of blood. Both of them were rushed to hospital for treatment where the deceased succumbed to the injuries. Therefore, for the death of their son, the parents have filed the Claim Petition before the Tribunal.

(3.) Before the Tribunal, the claimants/appellants have contended that the deceased Rajeswaran was working asa Welder in Sembawang Shipyard in Singapore and earning a sum of Rs. 30,000/- per month to the Indian value, out of which, he used to send a sum of Rs. 20,000/- to them. It was also contended that the claimants were depending upon the deceased for their livelihood and therefore, they claimed a sum of Rs. 20,00,000/- as compensation.