M RAMANAN Vs. F CHRISTY

JUDGEMENT

(1.) The husband and son of the deceased in a road accident are the appellants.

(2.) On 06.07.2005, at about 10 p.m., in Kovundampalayam, on the Coimbatore-Mettupalayam Road, from south to north, one Poompavai had driven her scooter. At that time, from the opposite side, the lorry belonging to the second respondent, insured with the 3rd respondent, came driven in a rash and negligent manner by the 1st respondent. The lorry hit against the scooter. In this, the scooteriest died.

(3.) In MCOP.No.1664 of 2005, before the Motor Accident Claims Tribunal(First Additional District Judge), Coimbatore, the husband and son of the deceased have claimed compensation. The Tribunal taking into account her age, and her income, applying the multiplier 17, towards loss of income arrived at Rs.9,18,000/-. However, the Tribunal coming to the conclusion that since the scooterist was then not having driving licence she had contributed to the accident deducted 50% of the amount from the said amount, and towards loss of income it had awarded only Rs.4,59,000/-. Further, for loss of consortium, it had awarded Rs.5,000/- to her husband and for loss of love and affection it had awarded Rs.25,000/- to her son. Thus, totally Rs.4,89,000/- was awarded.