C VIJAYA LAKSHMI Vs. N SIVA BAGIYAM

JUDGEMENT

(1.) CLAIMANTS in M.C.O.P.No.1183 of 1989 on the file of Motor Accidents Claims Tribunal (Principal District Judge), Salem are the appellants in the above appeal. The appellants/claimants are the parents of the deceased Thilagavathy. In the accident that took place on 14.3.89 due to the negligence of the driver of the first respondent herein, the claimant's daughter sustained grievous injuries and after taking treatment for nearly nine days, she succumbed to the injuries on 23.3.89. According to the claiman ts, the deceased was their first daughter and she was a doctor, they are not having a son, and at the time of the accident, the deceased was contributing a sum of Rs.2000 to the claimants. After claiming under various heads, altogether they prayed for a compensation of Rs.5, 00, 000 for the death of their first daughter.

(2.) THE Tribunal, on the basis of the available evidence passed an award for Rs. 1, 55, 000 with interest at 12 per cent from the date of petition in favour of the claimants. Aggrieved by the quantum of compensation, the appellants have filed the present appeal before this Court. Since this is an appeal only for enhancement of compensation, we are not discussing the facts leading to the accident and negligence aspect. We have to consider whether the award of Tribunal is just and proper in the light of the evidence adduced by the parties.

(3.) MR.R.M.Krishnaraju, learned counsel for the appellants submitted that even though both the claimants are not dependents of their deceased daughter, as legal representatives, they are entitled to get compensation. He also submitted that inasmuch as the deceased was a doctor aged about 27 years at the time of the accident and in the light of Exs.A-1 and A-22, the award of the Tribunal is very low and he prayed for enhancement of compensation as claimed in the said O.P. Except the compensation for the loss of life, he has no grievance with regard to the award fixed in other respects. Though the respondents, owner of the vehicle and Insurance Company have been served, none represented before us.