LAWS(MAD)-2012-8-401

S VELAYUTHAM Vs. R SARAVANA

Decided On August 24, 2012
S Velayutham Appellant
V/S
R Saravana Respondents

JUDGEMENT

(1.) This civil miscellaneous appeal arises against the judgment and decree dated 30.6.2011 made in M.A.C.T.O.P. No. 2125 of 2006 on the file of II Fast Track Court (Motor Accidents Claims Tribunal) Additional District Judge, Chennai. The claimants are the appellants. The son of the claimants who was aged 18 years and holding employment as a 'tea master' at a hotel met his death as a result of an accident that took place at about 1130 hours on 19.3.2006 while proceeding on a bicycle when a Tempo Traveller bearing registration No. TN 22-AB 5631 dashed against him from behind. Deceased was taken to hospital but despite treatment, he died three days thereafter. The claimants preferred MCOP before Motor Accidents Claims Tribunal, Chennai claiming a compensation of Rs. 6,00,000.

(2.) Before the Tribunal, the appellants-claimants examined two witnesses, PWs 1 and 2, and the following exhibits were marked:

(3.) On appreciation of the evidence before it, the Tribunal holding rash and negligent driving of Tempo Traveller as the cause of accident, fixed the monthly earnings of the deceased as Rs. 3,750, deducted towards his personal expenses as he was a bachelor, applied multiplier 11 and directed payment of compensation as follows: