K JEYAGOPAL Vs. NACHIAMMAI

JUDGEMENT

(1.) Challenging the award dated 23.09.1997 of the Motor Accident Claims Tribunal (III Additional District Judge, Salem) ("the Tribunal") in M.A.C.T.O.P. No.1635 of 1995, the owner of the vehicle and the Insurance Company, have preferred this Civil Miscellaneous Appeal.

(2.) For the death of the deceased Kannappan, the respondents herein who were the petitioners before the Tribunal filed M.A.C.T.O.P. No.1635 of 1995 seeking a compensation of Rs.12,00,000/-. It is their case that on 12.12.1994, when their son Kannappan, along with three others, traveled in an Ambassador car bearing Registration No. TN-27-5274 from Athur to Sabarimala. On that fateful day, at 3.05 a.m., when the car was nearing Ammaiyanaickanoor in the Dindigul Madurai road, its driver, with a view to make way for the vehicle coming in the opposite direction, drove the car in a rash and negligent manner, lost control of the car and collided against a bridge and in that accident, their son Kannappan sustained serious injuries and died in the hospital.

(3.) In the said petition, they contended that the deceased Kannappan was aged 28 years and was running agency business by name Vairam Agency and derived an income of Rs.10,000/- to Rs.15,000/- per month and since he had died, they have suffered loss of income and agony and therefore, they are entitled to get a compensation of Rs.12 lakhs.