KRISHNAMURTHY Vs. S. GOVINDHAN

JUDGEMENT

(1.) This is a claimant appeal, filed for enhancement of compensation.

(2.) The unmarried son of the appellant died on 16/05/2011, the day after he met with the motor accident while driving a two wheeler Bajaj CT 100 bearing registration No. PY-01-AE-0421. The appellant filed the claim petition for Rs.10 lakhs stating that his son was 18 years old at the time of accident. While he was driving the two wheeler Bajaj CT 100 with one Bharat in the pillion, a goods carrier vehicle TATA TIPPER LORRY bearing registration No. TN 32-D- 6994 dashed the motor cycle and knocked down the rider and pillion rider. The son of the appellant who was driving the two wheeler sustained crush injuries and succumbed to the injury in the hospital. At the time of accident, the deceased was earning R.700/- per day as JCB operator. The Claim Petition filed for Rs.10 lakhs under different heads as below:-

(3.) The Insurance Company filed its counter and contested the claim. Specifically, it was pleaded that the claimant has not impleaded the two wheeler owner and if insured, the insurer of the motor cycle driven by the deceased. They are necessary parties since the deceased is the tort-feasor. The deceased did not possess a valid driving license and the two wheeler Bajaj CT 100 he drove was not insured. The age and income of the deceased as stated in the petition denied as false and exaggerated.