KAVITHA Vs. ASHOK KUMAR

JUDGEMENT

(1.) The claimants, who are the legal heirs of the deceased Arul Murugan, have come forward with this appeal aggrieved by the compensation of Rs.1,81,250/- awarded by the Court below, out of Rs.7,25,000/-, by fixing the negligence in the ratio of 75% and 25% on the part of the deceased and the driver of the lorry belonged to the third respondent.

(2.) The facts which led to the filing of the Claim Petition is that on 28.07.1999 at about 5.15 am when the deceased Arulmurugan was driving the car bearing Registration No. TN 39 J 8294 in Thrissur to Erunakulam NH Road, near Amballur Toddy shop, the lorry bearing Registration No. KR 3753, which was driven by its driver in a rash and negligent manner, hit the vehicle driven by the deceased. In the impact, the deceased, sustained grievous injuries and taken to Thrissur Medical College Hospital, Thrissur where he succumbed to the injuries. According to the claimants, the deceased was aged 31 years, working as a Partner of (i) Pare Exports at Tirupur (ii) Trisul Knitwear, Tiruppur and (iii) Cost Garments, Tiruppur and earning Rs.50,000/- per month. Therefore, for the death of the deceased, they claimed a sum of Rs.25,00,000/- as compensation.

(3.) The insurance company/second respondent herein contested the claim petition by filing a counter before the court below and contended that the accident took place solely due to the negligence attributable on the part of the deceased himself.