RAMALAKSHMMA Vs. G. DURAISAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimants for enhancement of compensation.

(2.) The facts of the case is that on 22.06.2008, when the deceased Srinivasalu was walking along the Bhavani to Erode Road near Tamil Nadu Cloth Processing Mill, a lorry bearing registration No.TN 28 J 4322 dashed against the cyclist and capsized. The deceased who was walking caught under the capsized lorry and died. At the time of death, he was 52 years old earning Rs.12,000/- per month as Managing Partner M/s. Naga Arjuna Enterprises. The first claimant is the wife of the deceased. The second and third claimants are his son and daughter of the deceased. Pending claim petition, the son died leaving behind his wife and the mother as his legal heirs. Since the second claimant's wife did not join as the claimants, she was arrayed as fourth respondent in the claim petition. A sum of Rs.10,00,000/- was sought as compensation for the death of Srinivasalu.

(3.) The third respondent/Insurance Company resisted the claim on the ground that the accident occurred due to negligence of the deceased and the claim of compensation is on higher side.