PONNAMMAL @ THIRUMALAYEE @ THUMMAL Vs. VADIVEL

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants and the second respondent.

(2.) The appeal is filed by the claimants for enhancement of compensation.

(3.) The case of the claimants is that Chinasamy was aged about 39 years at the time of accident, earning a sum of Rs.15,000/- per month as construction worker. On 23.04.2013, while Chinasamy was riding his two-wheeler bearing Registration No.TN38 AD 7889, carrying his son/Ajithkumar as pillion rider near Namakkal to Salem Main Road, near PerumalKoil Medu, near the Best Backery, a TATA Tempo Van bearing Registration No.TN45 AT 5700, proceeding from behind, rash and negligently, hit the two-wheeler of the deceased/Chinasamy while overtaking. Chinasamy sustained severe injuries and got admitted at C.M.Hospital, Nammakkal and then shifted to Salem Vinayaka Mission Hospital, on the next day. He was treated as in-patient in Vinayaka Mission Hospital from 24.02.2013 to 07.03.2013. Thereafter, he got discharged and came back to Namakkal. His health got relapsed so got admitted in Akshya Hospital on 09.05.2013. On the same day, he died in Akshya Hospital.