M.LAKSHMANAN Vs. KALAIVANI

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal is preferred by the claimants who are the father and minor children of one, L.Gopalakrishnan who died in a road accident on 21/5/2004.

(2.) It is the case of the claimants before the Tribunal that the deceased was travelling in a Tata Indica car bearing registration No.TN-33-Q-2008 along with one Shiva, the vehicle being driven by one Suresh. At about 04.10 p.m near Kuvalaveli Kaalvai, a bus bearing registration No. TN-59- B-5049 driven by the 3rd respondent, in a rash and negligent manner coming from the opposite direction dashed against the Indica car, head on. All the three persons travelling in the Indica car died on the spot. The driver of the bus gave a complaint accusing the driver of the India car, Suresh of rash driving.

(3.) The claimant stated that the deceased Gopalakrishnan was aged only 33 years and was a B.E graduate and doing various businesses and that he was earning not less than Rs.36,00,000.00 per annum. Infact one of the businesses of the deceased was in Amway, where he was earning substantial income by way of commission. It is also stated that the father of the deceased, the 1st petitioner was dependent on his only son, the deceased Gopalakrishnan and the minor daughters, petitioners 2 and 3 who were twins were also under the care and custody and fully dependent on the deceased Gopalakrishnan and the claimants sought for compensation to the tune of Rs.10,00,00,000.00.