SARDHAR Vs. ANNADURAI

JUDGEMENT

(1.) BY consent of both the counsel, this appeal is taken up for final disposal at the stage of admission itself.

(2.) THE Civil Miscellaneous Appeal has been filed by the Claimants seeking enhancement of compensation and also questioning the apportionment of negligence, thereby reducing the liability on the part of the Insurance company to 50%.

(3.) ACCORDING to the claimants, on 14.09.2004, at about 3.30 p.m, the deceased was travelling along with one Murali in a Motorcycle, bearing Reg.No.TN 33 L 8751, on Bhavani to Salem National Highways road and at the time, a DCM Toyota Van, bearing Reg.No. TN 28 W 5225, driven by its driver in a rash and negligent manner, hit against the motorcycle, in which the deceased was travelling. As a result, both the occupants of the motorcycle sustained multiple grievous injuries. Due to the injuries, the deceased Reekhan died on the spot. Therefore, the claimants had claimed a sum of Rs.15,00,000/-, as compensation.