K. SIVA KUMAR Vs. R.MUTHU KUMAR

JUDGEMENT

(1.) This appeal has been filed by the claimant/appellant seeking enhancement of compensation.

(2.) The case of the claimant/appellant before the Tribunal is that on 28/7/2002, the deceased - Balaji was driving his car bearing Registration No.TN 38Q 9797 from Coimbatore to Tiruppur, to distribute his marriage invitation, along with his sisteR. While proceeding near Saguvala Spin Tex from West to East direction, a lorry bearing Registration No.TDV 8586 came in the opposite direction in a rash and negligent manner and dashed against the car. As a result of that, Balaji sustained injuries on his head and also multiple injuries. Immediately, he was admitted to K.G.Hospital, Coimbatore and inspite treatment, Balaji died in the hospital on the same day.

(3.) For the death of Balaji, his mother Kamalam filed a claim petition claiming compensation of Rs.20,00,000.00. However, pending M.C.O.P.No.405 of 2003, mother of the deceased passed away on 7/12/2003. Therefore, by an order of the Tribunal dtd. 24/1/2005 in I.A.No.814 of 2004, elder brother of the deceased - K.Sivakumar brought on record as legal representative of the deceased - Balaji.