CHRISPINRAJ Vs. GENGUSAMY

JUDGEMENT

(1.) THE appellants/respondents have preferred the present appeal in C.M.A.(MD).No.1602 of 2010, against the judgment and decree passed in M.C.O.P.No.228 of 2009, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.2, Tirunelveli.

(2.) THE petitioners, who are the parents and brothers of the deceased Sitthanathan, have filed the claim in M.C.O.P.No.228 of 2009, claiming a compensation of a sum of Rs.15,00,000/- from the respondents, for the death of of the said Sitthanathan, in a motor vehicle accident. It was submitted that on 08.12.2008, at about 09.30 a.m., when the (deceased) Sitthanadhan was riding his motor cycle bearing registration No.TN-05R-9973, near the Valasamuthiram Bus stop and proceeding from west towards east on the extreme left of the road, the 1st respondents lorry bearing registration No.KL-08G-0824, coming in the opposite direction and driven by its driver at a high speed and in a rash and negligent manner dashed against the motorcycle of the (deceased) Sithananthan. In the impact, the (deceased) Sithananthan sustained injuries and was admitted at the Thoothukudi Government Hospital, wherein first aid was given. Subsequently, he was admitted at AVM Hospital, Thoothukudi, as an inpatient, for further treatment, but inspite of medical treatment being given to him, he died on the same day. At the time of accident, the (deceased) was aged 24 years and was working as a sales leader at "Airtel" and earning Rs.10,000/- per month. Hence, the petitioners, who are the dependants on the income of the deceased have filed the above claim against the 1st and 2nd respondents, who are the owner and insurer of the lorry bearing registration No.KL-08G-0824.

(3.) THE 2nd respondent in his counter has submitted that the driver of the 1st respondent's lorry did not have a valid driving licence at the time of accident. The averments in the claim regarding age, income and occupation of the deceased was also not admitted. It was submitted that as the (deceased) Sithanathan was a bachelor, the compensation, if any assessed by the Tribunal should be calculated on the basis of the age of the mother of the deceased. It was submitted that the claim was excessive.