T SHANTHI BAI Vs. V MURALI SANKAR

JUDGEMENT

(1.) This appeal is preferred by the claimants who lost their 17 years old son in the road traffic accident on 03/06/2013. Alleging inadequacy of compensation Rs.6,55,000/-, the present appeal is filed.

(2.) According to the claimants who the parents of the deceased, On 03/06/2013, when the deceased Tamilarasan was proceeding in the motor cycle bearing registration No.TN 22-CY-3954 along the Rajiv Gandhi Salai from north to south near Sri Srinivasa perumal Koil, Semmanacherri a TATA 407 van driven rashly and negligently from behind with flag iron mast in its carriage hit him on his neck resulting in his death. The deceased had completed 12th standard. For loss of estate, love and affection and funeral expenses a sum of Rs.10 lakhs was claimed as compensation.

(3.) The owner of the TATA tempo van and the Insurance Company denied their liability through their respective counters. Attributing negligence on the part of the victim, it is contended that the tempo van carrying flag post with necessary red indicators and red cloth proceeding in a moderate speed. The victim without following the traffic rules and without noticing the van proceeding with flag post hit behind the tempo and sustained injury. The accident occurred due to the unmindful act of the deceased. The claim petition is hit by non joinder of the two wheeler owner and its insurer. Being the offending vehicle, they are proper and necessary parties to answer the claim. The claim of Rs.10 lakhs is excessive and highly exorbitant. It does not bear any equitable, legal and reasonable basis. The deceased had no valid license to drive a motor vehicle.