M LALITHA Vs. T BHARATHI D/O THANGAVEL

JUDGEMENT

(1.) THE appellants/petitioners have filed this civil miscellaneous appeal praying for enhancement of compensation as against the award dated 8.3.2005 made in MCOP.No.643 of 2003 on the file of the Motor Accidents Claims Tribunal (1st Addl. District Judge), Salem.

(2.) THE appellants/petitioners have filed claim petition before the Tribunal for compensation of Rs.45 lakhs for the death of one Muralidharan in motor accident occurred on 28.4.2002. Briefly, the case of the appellants/petitioners is that on 28.4.2002, while Muralidharan and two others were returning by a car bearing registration No.TN-30-4344, belonging to his brother, third respondent from Trichy to Salem, at about 11.30 pm, when the car was nearing Vasanthapuram police colony pirivu road, drove by the deceased properly by following traffic rules carefully, at that time, the first respondent lorry bearing registration No.TN-27-C-1500 drove by its driver in a rash and negligent manner, without following the traffic rules, dashed on the car, which resulted in causing the death of Muralidharan and the accident was occurred due to rash and negligent driving of the lorry and the police has registered a case in Crime No.582 of 2002 for the offences under Sections 279, 337 and 304 (A) IPC against the lorry driver. The respondents 3 and 4, who are owner and insurer of the car bearing Regn.No.TN-30-4344 were impleaded as parties for proper adjudication and the age of the deceased was 42 years at the time of accident and he was silver merchant cum agriculturist and was earning Rs.20,000/- pm and the petitioners are wife and children of the deceased and hence they have claimed compensation of Rs.45 lakhs from the respondents.

(3.) BEFORE the Tribunal, on the side of the appellants/petitioners, have examined 3 witnesses as P.Ws.1 to 3 and marked 21 documents as Exs.P1 to P21 and on the side of the respondents, not examined any witness and not marked any document.