PERUMAYEE Vs. S.THENMOZHI

JUDGEMENT

(1.) The appeal is filed by the claimants in M.C.O.P.No.650/2010 seeking enhancement of compensation.

(2.) The facts leading to the appeal is as below:- On 14/11/2009 at about 10.00 pm, when the deceased Jayakumar was proceeding in his TVS Champ motorcycle bearing registration No. TN 28 C 6319 along the Namakkal to Thuraiyur main road at Pattaraimedu, he hit a stationed lorry bearing registration No.TN 28 X 9505 parked in the middle of the road in the dark of night without any indicator or signal. He sustained injuries and died on the way to hospital. The accident victim was a B.Sc. graduate pursuing his B.Ed. course. He had very bright future prospects. Claiming compensation of Rs.10,00,000/-, petition was filed by the mother and sister of the deceased against the owner and insurer of the lorry.

(3.) The insurer defended the claim stating that the claim petition is bad for non-joinder of necessary party namely, the driver of the lorry. The claim petition is not maintainable, since the claimant is the tortfeasor, who died in the accident after hitting on the stationed lorry, which was parked on the extreme of the road margin. The victim has contributed to the accident. Hence, his contributory negligence for the accident has to be taken note for determining the compensation.