SANTHAKUMARI Vs. M.KRISHNAN

JUDGEMENT

(1.) The claimants are the appellants before this Court seeking for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Additional District Judge, Namakkal in MCOP No.182 of 2016.

(2.) The case of claimants before the Tribunal is that on 19.08.2015 at about 05.45 p.m., when the deceased Chandrasekaran, husband of 1 st appellant and father of 2 nd and 3 rd appellants, riding his two wheeler, a BMW car owned by the 1 st respondent, which was insured with the 2 nd respondent came in a rash and negligent manner and dashed against the deceased, and he sustained fatal injuries, subsequently succumbed to the same. At the time of accident, the deceased was 45 years old, working as a lorry driver and earning a sum of Rs.20,000/- per month. He was the sole bread-winner of the family. In the said circumstances, claiming a sum of Rs.20 lakhs, the claim petition has been filed by the appellants.

(3.) The 1 st respondent/owner of the vehicle remained exparte and the 2 nd respondent Insurance Company contested the claim petition on the ground that the accident has been taken place only due to the rash and negligent driving of deceased and when he was crossing the main road carelessly, and dashed against the car, due to which the accident has been taken place. Hence, the respondents are not liable to pay compensation. The 2 nd respondent insurance company has disputed the monthly income of deceased and stated that the compensation claimed by the appellants are highly excessive.