R LAKSHMI Vs. K PALANISAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 10.01.2005 made in MCOP.No.1173/2003 by the learned Principal District Judge (MACT) Erode.

(2.) By the impugned award, the Tribunal has arrived at a total compensation of Rs.2,13,200/- and after fastening contributory negligence on the deceased to an extent of 50 per cent, awarded a sum of Rs.1,06,600/- as total compensation to the claimant/appellant herein with interest at 9 per cent p.a. from the date of the claim petition till the date of realization.

(3.) On 15.9.2003, when the deceased Govindasamy and his owner Mohanasundharam were travelling from Dharmapuri in Bajaj Tempo Van bearing Reg.No.TN-07-F-9796, at about 10.45 p.m. near Kandhampalayam Pirivu at Perundurai, the lorry bearing Reg.No.TN-37-A-9050 coming in the opposite direction, hit against the Bajaj Tempo Van driven by the deceased, due to which, the deceased sustained fatal juries and died on the way to hospital.