NEW INDIA ASSURANCE CO. LTD. Vs. R. DHANABALAN

JUDGEMENT

(1.) The appellant/2nd respondent has filed this civil miscellaneous appeal questioning the quantum of award and decree dated 14.6.2004 made in MACTOP.No.687 of 1998 on the file of Motor Accidents Claims Tribunal (Sub-Court), Tirupattur.

(2.) The respondents 1 and 2/petitioners have filed the claim petition for compensation of Rs.4,00,000/- for the death of one Ramakrishnan. The case of the claimants is that on 18.11.1996 at about 11.30 am, when the deceased Ramakrishnan was sitting on the right side of the driver in Tractor bearing Regn.No.23/Y/4208 after working as coolie for loading and unloading sand, brick, stone and other materials to NAIL Leather Company, Vaniyambadi under the 1st respondent in main O.P, the driver of the abovesaid Tractor drove the same in a rash and negligent manner and Ramakrishnan fell down from the Tractor and the right side of the back wheel ran over him and he sustained grievous injuries and was admitted in Ambur Bethcade Hospital for treatment but he died. The claimants have further stated that the accident was occurred only due to the rash and negligent driving of the driver of the tractor and the deceased was a bachelor and he was working as a coolie and was earning Rs.3000/- per month and the claimants are parents of the deceased and they claimed compensation of Rs.4 lakhs from the owner/3rd respondent in the O.P and insurer of the abovesaid Tractor/appellant herein.

(3.) The owner of the Tractor bearing Regn.No. 23/Y/4208, who is the first respondent in the O.P, remained exparte before the Tribunal itself.