JEEVA Vs. K. NANDA KUMAR

JUDGEMENT

(1.) The appellants have filed the above Civil Miscellaneous Appeal aggrieved by the very meagre compensation that has been granted by the learned V Judge, Motor Accident Claims Tribunal, Court of Small Causes,

(2.) The 1 petitioner is the wife and the 2 petitioner is the mother of the deceased Ramesh. While the deceased was riding in a motor cycle bearing Reg.No.TN 04AF 7579 proceeding at Thiruverkadu to Ambattur Main Road opposite to Free care Pharmacy, Ayanabakkam in a careful and cautious manner following the traffic Rules, at that time, a lorry bearing Reg.No.TN 29AF 5079 coming from South to North directions, driven by its driver in a rash and negligent manner in endangering public safety and dashed against the deceased. Due to grievous injuries, the deceased died on the spot. The accident was occurred only due to the rash and negligent driving of the driver of the 1st respondent vehicle and he is solely responsible for the same. The deceased was aged about 35 years and was earning Rs.30,000.00 as a Cable TV Operato at the time of accident. They have claimed compensation of Rs.75,00,000.00. The 1st respondent as the owner of the vehicle and the 2nd respondent as the insurer of the vehicle of the 1st respondent, are jointly and severally liable to pay compensation for the death of the decease Ramesh.

(3.) The 2nd respondent Insurance Company filed their counter disputing the manner of the accident. The 2nd respondent admitted that the 1st respondent is the owner of the vehicle and the offending vehicle was insured with him. The Insurance Company denied the age, income, avocation of the deceased Ramesh. The compensation amount claimed under various heads is excessive.