DEVI Vs. P. RAVICHANDRAN

JUDGEMENT

(1.) This appeal has been filed by the claimants against the award dated 31.3.2010 passed by the Motor Accidents Claims Tribunal (Principal District Judge), Erode in M.C.O.P. No. 523 of 2006 for enhancement. The claimant No. 1 is the wife, the claimant No. 2 is the minor daughter and the claimant No. 3 is the mother of R. Durairaj, who died in the fatal accident that occurred on 22.4.2006. The case of the claimants was that R. Durairaj, who was walking along the Erode-Karur Main Road at the extreme left side of the road, was hit by the vehicle of the respondent No. 2 driven by the respondent No. 1 from behind and the vehicle ran over him as a result of which R. Durairaj died on the spot. The claim petition was filed seeking a compensation of Rs. 15,00,000 under various heads alleging, inter alia, that the accident occurred due to rash and negligent driving of the respondent No. 1.

(2.) The claim was contested by the respondent Nos. 1 and 3. The respondent No. 1 contended that the deceased, who was drunk, fell in front of the vehicle and in any case, since the vehicle was insured, only the respondent No. 3 would be liable to pay compensation. The respondent No. 1 also disputed the age and income of the deceased. The respondent No. 3 contested the claim alleging that the deceased was responsible for the accident as he suddenly attempted to cross the road without noticing the van coming behind him. The respondent No. 3 also disputed the age and income of the deceased. The Tribunal, after considering the oral as well as documentary evidence, has partly allowed the claim petition by awarding a compensation of Rs. 7,24,900 with costs and interest at 7.5 per cent per annum. Aggrieved, claimants have filed the appeal seeking enhancement by Rs. 4,00,000.

(3.) The counsel for the appellants contended that the Claims Tribunal erred in fixing the monthly income at Rs. 3,450 contrary to the documentary evidence and oral evidence of PW 3 and PW 4. Learned counsel also claimed that the Tribunal erred by not granting any compensation towards future prospects, loss to estate and mental agony.