SAROJA AND ORS. Vs. P. ARUMUGAM AND ORS.

JUDGEMENT

(1.) ON 15.03.2009, at about 7.30 p.m., when the deceased Manivannan was riding his motorcycle bearing Registration No. TN -28 -AD -5605, on the Trichy Main road, the lorry bearing Registration No. TN -52 -Z -2983, was stationed on the middle of the road. At the same time, another vehicle had been driven by its driver in a negligent manner from the opposite direction. In order to avoid collision with that vehicle, the petitioner hit his vehicle against the back of the lorry. As a result, he had sustained grievous injuries and underwent treatment at two different hospitals, but in spite of medical treatment, he had expired. Hence, the parents of the deceased had claimed compensation of a sum of Rs. 35 lakhs.

(2.) THE Insurance Company had filed a counter statement and resisted the claim petition. The respondent denied the occurrence of accident, age, occupation, medical treatment, etc. Further, the lorry driver did not possess valid driving licence and the lorry was not covered under valid documents. The lorry had been stationed with care and caution but the accident had been committed by the deceased. The deceased also did not possess valid driving licence at the time of accident. Hence, the respondent entreats the Court to dismiss the claim.

(3.) NOT being satisfied with the quantum of compensation, the claimants had filed the above appeal for additional compensation of a sum of Rs. 7,00,000/ -. The highly competent counsel Mr. Ma.P.Thangavel appearing for the claimants submits that the deceased is a highly educated person and he was working with Amirtha College and was earning Rs. 15,000/ - per month. The Tribunal had adopted multiplier of 13, on the basis of age of the mother of the deceased and granted minimum compensation under the head of loss of income. The Tribunal had granted Rs. 5,000/ - under the head of funeral expenses and a sum of Rs. 25,000/ - each to the claimants under the head of loss of love and affection which is also on the lower side. The claimants are entitled to receive compensation under the head of loss of future prospects. Further, the deceased was aged about 28 years and after accident, the claimants had spent Rs. 1,10,000/ - towards medical expenses. Hence, the learned counsel entreats the Court to allow the above appeal.