K. SHANTHI Vs. M. GOWRI

JUDGEMENT

(1.) This Appeal is preferred by the claimants for enhancement of compensation.

(2.) The facts of the case is that, on 02.05.2015, at about 6.30 hours when K.Ajith Kumar, minor son of the claimants Nos.1 and 2 and brother of claimant No.3 aged about 14 years studying 10th standard proceeding in his cycle from V.S.Mudali street and took a turn towards North at Jayaram street, a lorry bearing Registration No.TN-22-X-5765 driven rash and negligently hit the cycle and caused fatal head injury to the minor boy Ajith Kumar.

(3.) The claim petition for a sum of Rs.10,00,000/- was filed against the vehicle owner and the insurer. The Insurance Company resisted the claim on the ground that, the lorry driver had no valid driving license and the accident occurred due to negligence of the victim. The victim being a minor, non-earning students, the claim of Rs.10,00,000/- is exorbitant. The delay in lodging the F.I.R and the discrepancy in the medical record renders the claimant ineligible to seek compensation.