M.S.PALANISAMY Vs. S.PARTHIBAN

JUDGEMENT

(1.) This Appeal is filed by the claimants before the Motor Accident Claims Tribunal, Erode, seeking enhancement of compensation for the death of Thiru.P.Dhansekar.

(2.) The case of the claimants before the Tribunal was that on 07.12.2001 at around 10.00 P.M, when their son Thiru.Dhansekar along with his friends were standing on the Solan Nagar main road near Ramalingam Agency Petrol Bunk, a Eicher Mini Lorry bearing registration No.TN-41-K-4605, came from west to east with high speed rash and negligently hit Thiru.P.Dhansekar, and he was thrown away. He sustained injury on his head and body. When Thiru.P.Dhansekar was taken to the hospital, he was declared died. A case was registered against the driver of the Eicher lorry. At the time of accident, the deceased was working as Computer Software Executive, earning a sum of Rs.7,500/- per month. Therefore, for the loss of their son, who was aged 25 years, at the time of accident, petition claiming a sum of Rs.20,00,000/- as compensation filed.

(3.) The Tribunal, after considering these facts and the evidence let in by the claimant, awarded a sum of Rs.1,83,000/- as compensation with 7.5% interest excluding the period between 11.11.2003 to 09.07.2007 and 21.07.2008 to 06.11.2008. The award amount was apportioned between the father and mother for the claimants at the ratio 30:70.