RATHINAM Vs. S.ANAND

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed for enhancement of compensation as against the Award and Decree, dated 08.09.2004 made in M.C.O.P.No.46 of 2003 on the file of the Motor Accident Claims Tribunal (Sub Court) Kulithalai.

(2.) THE appellants / claimants have filed a claim petition in M.C.O.P.No.46 of 2003, claiming compensation of Rs.10,00,000/- for the death of one Gnanavel and in the claim petition it is stated that on 09.08.2005, at about 4.00 p.m., in Karur to Trichy Main Road at Lalapetai near Gandhi Silai, the first respondent bus, bearing Reg.No.TN-47-J-3519 drove the vehicle by the driver in a rash and negligent manner from West to East and dashed against the deceased Gnanavel, who was on the extreme left side of the road. As a result of which, the deceased sustained grievous injuries and died on the spot and the accident was occurred only due to rash and negligent act of the driver of the above said bus. The first respondent is the owner of the vehicle and the 2nd respondent is the insurer of the vehicle and they are liable to pay the compensation. It is further stated in the claim petition that the deceased was 21 years old and he was doing the job of selling plaintain fruits and water packets in the Lalapettai Bus stop and earned Rs.150/- per day i.e., Rs.4500/- per month. The claimants are parents of the deceased. The deceased was a bachelor at the time of accident and therefore, they claimed a sum of Rs.10,00,000/-, as compensation, from the respondents.

(3.) THE 2nd respondent Insurance Company filed a counter in which it is stated that the claimant should prove the alleged accident and further stated that the accident was occurred only due to negligent act of the deceased. Further it is stated that the claimants should prove the age, income, avocation of the deceased and the amount of compensation claimed is also excessive.