NIRMALA MARY AND ORS. Vs. MUTHUSAMY AND ORS.

JUDGEMENT

(1.) The appellants/claimants have come forward with this Civil Miscellaneous Appeal against the award of the Motor Accident Claims Tribunal/I-Additional District Court, Tirunelveli, made in M.C.O.P.No. 1439 of 2017, dated 10.02.2020.

(2.) The brief facts of the case are as follows:- The learned counsel for the first respondent remained ex-parte before the Tribunal. The deceased Paulpandi was aged 56 years at the time of accident and he earned a sum of Rs.25,000/- per month by having milk animals and by doing agriculture work. The 1st petitioner is the wife and 2nd petitioner is the daughter and the 3rd to 5th petitioners are the sons of the deceased. On 05.08.2017 the deceased was travelling the tractor bearing registration No. TN 69 X 0747 from Thuckalay to his village loaded with grass bundles. At about 10.30 p.m., when the tractor reaching near kovaneri on Tirunelveli to Kanyakumari four way, a lorry bearing registration No.TN 60 Z 9838 belonging to the 1st respondent insured with the 2nd respondent came from behind in a rash and negligent hit the tractor from behind, despite the danger light was glowing on the back side of the trctor trailor. As a result of which, the deceased was thrown away and sustained head injuries and died on the spot itself. The claimants of the deceased filed M.CO.P.No.1439 of 2017 on the file of the Motor Accident Claims Tribunal/I-Additional District and Sessions Judge, Tirunelveli, claiming a sum of Rs.25,00,000/- towards compensation. The Tribunal upon hearing the arguments of both sides and on perusing the records, awarded a compensation of Rs.8,27,400/-.

(3.) Challenging the quantum of compensation in particular fixation of monthly income of the deceased alone, the appellants/claimants have filed this appeal for enhancement of monthly income of the deceased.