S RAJASIRONMANIAMMAL Vs. S S S GANESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellants/claimants aggrieved over the quantum of compensation at Rs.13,08,400/- (Rupees Thirteen Lakhs Eight Thousand and Four Hundred only) for the death of one Gunavel, aged about 39 years, an industrialist, allegedly earning about Rs.25,000/- (Rupees Twenty Five Thousand only) per month, in the accident occurred on 29.05.2002, when the deceased was riding his TVS-Scooty Moped from north to south on Virudhunagar Bye-pass road, a lorry belonging to the first respondent insured with the second respondent was driven in a rash and negligent manner and hit behind the two wheeler.

(2.) Heard Mr.R.Govindaraj, learned Counsel for the appellants/claimants and Mr.A.Shajahan, learned Counsel for the second respondent-Insurance Company.

(3.) A perusal of the records would show that the Tribunal based on the filing of Ex.P.1 - F.I.R and Ex.P.2 - charge sheet against the driver of the lorry and Ex.P.5 - judgment of the criminal Court convicting the driver of the lorry and based on the evidence of P.W.2 - eyewitness, rightly came to the conclusion that the driver of the lorry alone was responsible for the accident.