MALLIKA Vs. PERIYASAMI

JUDGEMENT

(1.) While the Insurance Company challenges the award of a sum of Rs.28,55,000.00 as compensation for the death of one Muthusamy in the road accident that took place on 15/2/2020 at around 2.30 p.m., the claimants are on appeal seeking enhancement of the said amount.

(2.) Claiming that the accident occurred due to the rash and negligent driving of the lorry bearing Reg.No.TN-49-AB-1201 by its driver and asserting that the deceased was earning a sum of Rs.25,000.00 per month, the claimants have sought for a compensation of Rs.20,00,000.00.

(3.) The same was resisted by the Insurance Company contending that the driver of the lorry did not possess a valid driving license on the date of the accident and there was negligence on the part of the deceased Muthusamy, since he was not wearing a helmet and he did not possess a license to drive the two wheeler.