D. PADMA Vs. K. R. KANNAN

JUDGEMENT

(1.) This appeal is preferred by the claimants seeking enhancement of compensation.

(2.) The facts of the case is that on 06.02.2015, while the deceased Devaraj was riding his TVS moped bearing Reg.No.TN 33 E 0137 along Erode to Kavindapadi Road, near Kavindapadi Bridge, a tipper lorry bearing Reg.No.TN 36 AA 0189 rash and negligently dashed against TVS moped. Devaraj sustained grevious injury and was taken to the hospital. But he died on the way to the hospital. The wife, two sons and aged mother of the deceased Devaraj have filed a claim petition seeking Rs.20,00,000/- as compensation with interest at the rate of 12% p.a.

(3.) In the claim petition, it has been stated that the deceased Devaraj at the time of accident he was aged about 40 years and was earning Rs.20,000/- per month as a tractor driver-cum-agricultural supervisor under one Marisamy. The Insurance Company contested the claim petition on the ground that the deceased Devaraj was not earning Rs.20,000/- per month as tractor driver-cum-agricultural supervisor. The accident occurred due to the negligence of the deceased and there was no fault or mistake on the part of the tipper lorry driver. The owner and insurer of the motor cycle bearing Reg.No.TN36-AA-0189 in which the deceased was riding were not impleaded as parties. Hence, the claim petition is bad for non-jointer of necessary party.