THANGAMMAL AND ORS. Vs. GOPALAKRISHNAN AND ORS.

JUDGEMENT

(1.) Seeking enhancement of compensation that has been awarded by the learned II Additional District Judge, Erode in M.C.O.P.No.792 of 1998, wife, minor daughter, minor son and mother of the deceased Rajendran have come up with the present appeal.

(2.) According to the claimants, the deceased Rajendran was a vegetable merchant cum contractor and on 7.5.1997, at about 3.30 hours, he was travelling along with the goods, he procured for his business, in the Van bearing Registration No.TN 47 C 5955 which belonged to him, insured with the fifth respondent and driven by the fourth respondent and when the driver of the Van attempted to overtake a Lorry bearing Registration No.TA E 8600 belonging to the first respondent, insured with the third respondent and driven by the second respondent swerved the vehicle and thereby the deceased who was sitting in the cabin was crushed to death. According to the claimants, the accident occurred due to the rash and negligent driving of the second respondent. The claimants contend that the deceased was earning a sum of Rs.10,000/- per month and claimed a total compensation of Rs.24,00,000/=.

(3.) The claim was resisted by the third respondent-Insurance Company by contending that only the fourth respondent was responsible for the accident and the claim is also exorbitant.