M. SENGABAGAM Vs. V. VINOD KUMAR

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.5,95,000/ - for the death of Mani @ Manian Ambalam in a road traffic accident on 28.12.2008, the Claimants have preferred this appeal for enhancement.

(2.) BRIEF facts are that on 28.12.2008 at 11.00 A.M. deceased Mani @ Manian Ambalam was proceeding in his cycle from Viralimalai and entered the southern junction of National Highways. At that time, the car bearing registration No.TN -09 AW 7288 coming from south to north in National Highway in a rash and negligent manner driven by 1st Respondent, who is the owner of the car with uncontrollable speed dashed against the cyclist. Due to the impact, Mani @ Manian Ambalam sustained grievous injuries and died on the spot. Regarding the accident, a criminal case was registered against the driver of car in Crime No.362 of 2008 under Section 304(A) I.P.C. of Viralimalai Police Station. At the time of accident, deceased Mani @ Manian Amabalam was doing agricultural work and cattle business. Deceased was also doing firewood and charcoal business at Trichy and Chennai and was earning Rs.10,000/ - per month. Alleging that the accident was due to rash and negligent driving of the car driver and that the family has lost the support, the Claimants who are wife, daughters and son have filed Claim Petition claiming compensation of Rs.30,00,000/ -.

(3.) BEFORE the Tribunal, 1st Claimant -Senbagam examined herself as P.W.1. Eye -witness Shanmugam was examined as P.W.2. Exs.P1 to P3 were marked. On the side of 2nd Respondent -Insurance Company, no oral and documentary evidence was adduced.