COMMISSIONER, TIRUPPUR MUNICIPALITY Vs. K. MARAYAMMAL

JUDGEMENT

(1.) The Municipality, which is the Owner of the offending Lorry is on Appeal, aggrieved by the award of a sum of Rs.16,96,000.00 for the death of one Murugesh @ Murugesan in a road accident that took place on 4/8/2016 at about 1.45 p.m.

(2.) The sole Claimant, who is the Paternal Grandmother of the deceased sought for a Compensation for the death of the said Murugesan contending that the parents of the deceased had pre-deceased him and she has been declared as the Legal Heir of the deceased in O.S. No.35 of 2017 on the file of the District Munsif Court, Kodumudi vide Judgment and Decree dtd. 28/11/2017. She had also contended that she was depending on the deceased, he being the only earning member in the family. The claim for Compensation was quantified at Rs.45,00,000.00 and the same was justified by claiming that the deceased was earning Rs.20,000.00 through his avocation as a Company Labour.

(3.) Narrating as to how the accident occurred the Claimant submitted that on 4/8/2016 at about 1.45 p.m, when the deceased Murugesan was travelling as a Pillion Rider in the Motorcycle bearing Reg.No.TN-47-W 1924 in front of Kasipalayam, Sri Karupparayan Kovil, from the North to South direction, the Municipal Lorry bearing Reg.No.TN-39-AJ-5278 driven by its Driver in a rash and negligent manner came from behind and hit against the Two-wheeler, in which the deceased was travelling. As a result of the impact, the deceased was thrown off the vehicle and he died instantaneously.