SORNAM Vs. G. V. RAJA

JUDGEMENT

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

(2.) This appeal is filed by the claimants/appellants for enhancement of compensation. The case of the claimants/appellants is that the deceased Periyasamy while riding his two wheeler was hit by the lorry insured under the third respondent herein. The records indicate that the accident has occurred on 04.09.2008 when the lorry bearing Registration No.TN 27 T 8109 came in a rash and negligent manner and dashed against the two wheeler. In the said impact, the deceased Periyasamy died and a case was registered against the lorry driver. At the time of accident, the deceased was 38 years old. He had agricultural land and earning around Rs.10,000/- per month. He was also earning Rs.5,000/- per month by selling milk.

(3.) The claim petition was contested by the Insurance Company on the ground that the accident was not due to the negligence of the lorry driver. The deceased did not follow the traffic rules and due to his negligence, he met with the accident. The accident occurred due to composite negligence. Further, the deceased had no valid driving licence to ride the motorcycle.