JAYACHITHRA Vs. G. KANDASAMY

JUDGEMENT

(1.) Being aggrieved by the award of compensation of Rs.5,57,500.00, awarded by the Tribunal in M.C.O.P.No.2419 of 2008, on the file of Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai for the death of one Shankar, in the road traffic accident on 17.6.2008, the claimants have filed this appeal, seeking enhancement of compensation.

(2.) Brief facts are that on 17.6.2008, at 16.45 hours, the deceased Shankar was proceeding to Kelambakkam, in a motor cycle bearing Registration No.TN-21-K-6314. When he was at Vandalur Salai, Opposite to Rajini Garden, Pudhupakkam, a Tipper Lorry, bearing Registration No.TN-21-AZ-4594, was driven by its driver in a rash and negligent manner and hit against the motorcycle of the deceased, due to which, the deceased was thrown away and fell down on the road. He sustained grievous injuries all over his body and succumbed to injuries on the spot. The first respondent is the driver of the tipper lorry involved in the accident and the second respondent is the insurer of the vehicle. The deceased Shankar was a coolie and was earning Rs.200.00 per day. Alleging that the accident was due to the rash and negligent driving of the Tipper Lorry driver, the Claimants who are the wife, the minor son, the minor daughter and the mother of the deceased have filed Claim Petition claiming compensation of Rs.10,00,000.00.

(3.) Denying the averments made in the Claim Petition and the manner of accident, the Insurance Company filed the counter stating that the accident was due to the rash and negligent driving of the motorcycle by the deceased and that the Insurance Company is not liable to pay compensation to the Claimants. The Insurance Company also denied the age, occupation and monthly income of the deceased Shankar and also contended that the total compensation claimed is excessive.