P ANBARASI Vs. P NANDAGOPAL

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation awarded in M.C.O.P.No.22 of 2005 on the file of the Motor Accident Claims Tribunal (Sub-Court), Panruti, (dated 01.12.2006), the claimants, who are the wife, son and mother of deceased Panneerselvam have preferred this appeal.

(2.) BRIEF facts are that on 06.02.2005, the deceased G.Panneerselvam was standing near the Dr.Mani Clinic at West side of Chennai Salai,L.N.Puram and discussing about the Photo business with one Palani, Son of Subramanian at about 2.00 p.m. At that time, the 1st respondent's Maxi Cab came from south to north driven in a rash and negligent manner without blowing horn and dashed against G.Panneerselvam and the deceased sustained head injury and injuries all over the body and immediately he was taken to Government Hospital, Panruti and referred to Krishna Hospital, Cuddalore, and on 06.02.2005 night, he was admitted in Apollo Hospital, Chennai. The deceased had taken treatment in Apollo Hospital till 21.02.2005 and succumbed to injuries on 21.02.2005. Deceased Panneerselvam was working as a working partner in Jothi Photo Studio and earning Rs.10,000/- per month and he was also doing the work of LIC Agent and earning Rs.5,000/- per month, totalling Rs.15,000/- per month. Alleging that the accident was due to the rash and negligent driving of Maxi cab and that the family has lost the support, claimants, who are wife, son and mother of deceased Panneerselvam have filed the Claim Petition in M.C.O.P.No.22 of 2005 claiming compensation of Rs.30,00,000/-.

(3.) IN the Tribunal, claimants examined 1st claimant as P.W.1, eye witness as P.W.2, elder brother of deceased Panneerselvam and Managing Partner of Jothi Photo Studio as P.W.3, Assistant Branch Manager of LIC as P.W.4 and the Village Administrative Officer as P.W.5 and marked Exs.P.1 to P.15. Onbehalf of the respondents, no witnesses were examined and no documents were marked.