MANGAIYARKARASI Vs. K MURUGAN

JUDGEMENT

(1.) FEELING dissatisfied with the quantum of compensation of Rs.32,50,000/- awarded for the death of Dr.N.Venkateswaran in the road traffic accident on 09.09.1999, the claimants have preferred this appeal seeking for enhancement of compensation.

(2.) THE brief facts are that on 09.09.1999, when the deceased Dr.Venkateswaran was travelling in his Maruti Car bearing Registration No.TN 27 M 0505 along with this Assistant, at about 3.15 p.m., near Pottaneri bus stop, the tempo van bearing Registration No.TN 39 F 0203 driven by its driver in a rash and negligent manner, dashed against the car of the deceased, due to which, the deceased sustained severe head injury and died on the spot. A criminal case was registered in Crime No.806 of 1999 on the file of Mecheri Police Station, Salem for the offence under Sections 279, 337 and 304(A) I.P.C. He was getting monthly salary of Rs.14,564/-. That apart, he was also doing private practice. Alleging that the accident was due to the rash and negligent driving of the tempo van, claimants have filed claim petition in M.C.O.P.No.362 of 2001 claiming compensation of Rs.1,39,50,000/-. THE insurance company resisted the claim petition contending that the deceased also contributed to the accident and that the quantum of compensation claimed is on the higher side.

(3.) THE manner of accident and fastening of statutory liability upon the Insurance Company are not under challenge. Only the quantum of compensation awarded to the claimants is sought to enhanced.