ORIENTAL INSURANCE CO LTD Vs. P SAKUNTHALA

JUDGEMENT

(1.) One Palanichamy, S/o Ramasamy Gounder, aged 36 years who was the proprietor of M/s Spear Tex, a Hosiery Manufacturing Unit, died in a road accident on 17.7.97. The accident occurred in the following manner.

(2.) On 17.7.1977, around 1.45 p.m., the deceased was proceeding from West to East in the Thirupur Ramnagar I Street, driving his motorcycle bearing Registration No. TN39A 6800. He was proceeding in a normal speed. One Chandrasekaran was travelling as a pilliar rider. While so, a lorry bearing Registration No. TDQ 2854, driven in a rash and negligent manner, by one Iman Singh, came behind the motor cycle and dashed. In the result of which, both the driver and the pillian driver fell down and the lorry ran over the said Palanichamy causing multiple injuries. He was taken to a private hospital, Thirupathur and then to Government Hospital, where he was declared dead. A case was registered against the driver of the lorry and he admitted the offence.

(3.) The 1st respondent, being the wife and the respondents 2 and 3 being the minor children and the respondents 4 and 5 being the parents of the deceased, made a claim stating that the deceased was carrying on business in manufacturing hosiery garments and his annual income was between Rs. 2,50,000/- and Rs. 3,00,000/- and claimants have lost their only bread winner, the wife has lost her husband in young age and minor children have lost their caring father and the parents have lost their only hope in the old age and therefore have claimed Rs. 60,00,000/- as compensation against the owner and the Insurance Company.