DISTRICT FOREST OFFICER, TIRUNELVELI Vs. AVUDAIYAMMAL

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been preferred challenging the award, dated 27.10.2015 passed in MCOP.No. 541 of 2014, on the file of the Motor Accident Claims Tribunal / I Additional District Judge, Tirunelveli.

(2.) The Appellant / District Forest Officer, Tirunelveli, who was made liable to pay compensation of Rs.12,87,000/- along with respondent Nos.7 and 8 equally to the legal heirs of the deceased Kadaldurai, who died in an accident occurred on 22.03.2004, challenged the lability mulcted on it and also quantum of compensation awarded at by the Tribunal.

(3.) The case of the respondent Nos.1 to 6 / claimants is that on 22.03.2014 at about 8.45 a.m., when the deceased Kadaldurai, was riding a motorcycle bearing Regn. No.TN 72 AD 7430, along with one Ramar as pillion rider on the Subramaniyapuram to Vasudevanallur main road, a Mahindra Bolero bearing Regn. No. TN 72 G 0738, which came behind the Motorcycle in a rash and negligent manner and without sounding horn, dashed against the Two wheeler and a result of which, both the rider and pillion rider were thrown out of the two wheeler and fell down on the road and at that time, a Tipper Lorry bearing Regn.No.TN 22 AT 8725 came in a rash and negligent manner from North to South and without minding the deceased Kadaldurai was on the road, that the tyre of the Lorry ran over the said Kadaldurai and as a result of which, he sustained serious multiple injuries all over his body, that he was immediately taken to Government Hospital, Puliyankudi, where he was declared as dead, that the accident was occurred only due to the rash and negligent driving of the Mahindra Bolero Vehicle and Tipper Lorry and hence, a case was registered in Crime No. 144 of 2014 of Puliyankudi Police Station against both the drivers and that the criminal case is now pending on the file of the Court of the Judicial Magistrate, Sivagiri. The claimants' further case is that the deceased Kadaldurai was doing Sugar Cane Cutter work at Tharani Sugar Mills and was owning agricultural land and cultivating lemon that he was earning a sum of Rs.15,000/- per month, that the claimants were depending on the income of the deceased, that the deceased was aged about 34 years at the time of accident and that therefore, they have been claiming compensation of Rs.25,00,000/- with interest and costs.