SUSILA Vs. S.THIRUMALAI

JUDGEMENT

(1.) The appeal has been filed by the claimants challenging the rejection of award for the petitioners 2 to 5 and granting of award in favour of the 3rd respondent in the claim petition.

(2.) According to the claimants, the deceased Mayilsamy was travelling in a two wheeler with the third respondent as a pillion rider on 13/6/2010. A Car coming from the opposite direction belonging to the first respondent and insured with the second respondent had dashed against the motor bike in which the driver of the bike had sustained grievous injuries and died on the spot and the pillion rider sustained grievous injuries.

(3.) According to the claimants, the deceased working as a Ticket Checker and he was running a Fancy Store and he was earning a sum of Rs.11,500.00 per month. The first claimant is the wife and the claimants 2 to 5 are the children and the 6th claimant was the father of the deceased. The claimants have further contended that the 3rd respondent in the claim petition is alleged to be the second wife and the fourth respondent is alleged to be the minor son of the deceased through the second wife. The claimants have prayed for a sum of Rs.6,00,000.00 towards compensation.