MUNIYAMMAL Vs. B. SURESH

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation awarded by the Tribunal in M.C.O.P. No. 3827 of 2010 due to the death of K.Velayudham in a road accident on 26.08.2010, the first claimant/wife of the deceased, claimants 2, 4 and 6/sons of the deceased and claimants 3 and 5/daughters of the deceased have filed the appeal, seeking enhancement of compensation.

(2.) IT was the case of the claimants before the Tribunal that on 26.08.2010 at about 22.30 hours, while the deceased viz., K.Velayudham was standing near Rajiv Gandhi Salai, opposite to Ookiyam Pettai, Vinayaka Avenue to cross the road from West to East direction, a motorcycle bearing Registration No. TN -09 -BE -0720, belonging to the first respondent, insured with the second respondent was driven by its driver in a rash and negligent manner along Rajiv Gandhi Salai from South to North direction and dashed against the K.Velayudham and in the accident, he sustained severe head injuries and died in the hospital on 27.08.2010 during the course of treatment. The first claimant is the wife of the deceased; 2nd, 4th and 6th claimants are his sons; 3rd and 5th claimants are his daughters. Alleging that the driver of the motorcycle is responsible for the accident, the claimants have filed a Claim Petition before the Tribunal seeking a sum of Rs. 75,00,000/ - as compensation.

(3.) RESISTING the claim petition and also raising objection as to the avocation, age and income of the deceased, the second respondent/Insurance Company has filed a counter stating that the accident was not due to rash and negligent driving of the driver of the motorcycle and the claim made by the claimants is very excessive and hence, the second respondent/Insurance Company sought for dismissal of the claim petition.