MARY IMMANUVEL AND ANR. Vs. PERIYASAMY AND ORS.

JUDGEMENT

(1.) The claimants in M.C.O.P. No.485 of 2008 on the file of the Motor Accidents Claims Tribunal cum Principal Sub Judge, Tenkasi have filed C.M.A. No.9076 of 2011 seeking enhancement. The United India Insurance Limited has filed cross objection in Cross Obj. No.29 of 2012.

(2.) The first claimant is the wife and the second claimant is the daughter of the deceased Dr. Immanuvel. When he was riding a motor cycle on 03 Dec. 2008, the auto bearing registration No.TN 72- B-4650, which was going in front suddenly stopped at Melameignanapuram bus stop. The motor cyclist made an attempt to turn the vehicle to the right side and dashed from behind. He fell down and one Tata Sumo bearing registration No.TN 72-QA-1455 coming from the opposite direction directly hit him leading to his death. Both the auto as well as the Tata Sumo were insured with United India Insurance Company. The deceased was working as Senior Civil Surgeon in Tirunelveli Corporation. He was a pediatric surgeon and he was aged about 58 years at the time of death. According to the claimants, his Government salary was Rs.34,967.00 and that he earned Rs.60,000.00 per month from private practise. He was also stated to be an agriculturist and earned agricultural income. The claimants made a claim of Rs.1 crore towards compensation with cost.

(3.) The Insurance Company filed their counter. The income earned by the deceased as well as fastening of negligence on the auto and Tata sumo were contested.