R.VIJAYALAKSHMI Vs. M.MUTHU VISWANATH

JUDGEMENT

(1.) Aggrieved by the quantum of compensation awarded on various heads by the Motor Accidents Claims Tribunal cum Special Sub Judge I Chennai, (henceforth, referred to as 'the Tribunal') in M.C.O.P. No.3978 of 2009, this Civil Miscellaneous Appeal has been preferred by the two parents of the deceased R.Balaji, who was only 28 years of age, at the time of his death, caused due to the injuries sustained in an unfortunate motor accident.

(2.) On 22nd August, 2009, about 3.00 a.m, the deceased R. Balaji was riding as a pillion on a Motor Cycle, bearing Registration No. TN-22-BC-9700, which vehicle was insured with the second respondent. A friend of the deceased, by name S.Prakash, was riding the motor cycle, proceeding from Maya Jal Multi Complex Cinema Theatre to Adambakkam area of the City along the East Coast Road, from South to North. When they were proceeding towards the Toll Gate, situate at Uthandi area, the Motor Cyclist encountered with a stray cattle on the road, which got obviously frightened by the beep sound of the motor vehicle, and thus, came in conflict zone with it. In that process, the rider of the motor cycle lost control and the motor cycle fell down. As a result thereof, the pillion rider has suffered a grievous head injury. Immediately, he was rushed to Malar Hospital at Adayar, and admitted for specialised treatment. However, while undergoing treatment at that Hospital, the said Balaji succumbed to the injuries, and died on 25.08.2009.

(3.) The deceased has obtained B.Sc., (Botany) Degree. He was employed with the TATA Consultancy Services, and his parents instituted the Original Petition, in M.C.O.P. No.3978 of 2009, claiming compensation, in a sum of Rs. 22,00,000/-.