P MADHESWARAN Vs. RANI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is preferred against the Judgment and award of the Motor Accidents Claims Tribunal (Subordinate Judge) at Tirupur in M.C.O.P. No. 569 of 1992 dated. 12/9/1993 granting a compensation of Rs. 6,90,000/- to the respondents herein. The first appellant is the owner of the goods carrier and the second appellant is the insurance company.

(2.) ON 16/8/1992 at 2.30 PM when Anandan, husband of the first respondent and father of the respondents- 2 and 3, was proceeding in his moped at Tirupur-Tharapuram Road near Pudhur towards North to South, a goods-carrier bearing registration No. T.N.S. 5139 owned by the first appellant which was coming in the same direction in a rash and negligent manner, hit the moped driven by Anandan and as a result of the accident. Anandan sustained severe fracture injuries and subsequently died while he was undergoing treatment in the hospital. The Claims Tribunal held that the accident took place because of rash and negligent driving of the driver of the goods carrier owned by the first appellant herein and awarded a compensation of Rs. 6,90,000/- as detailed below:- Loss of earning: Rs. 6,30,000/- Loss of love and affection and loss of consortium: Rs. 50,000/- Unexpected loss of life: Rs. 10,000/- Total: 6,90,000/-

(3.) ON the other hand, the learned counsel for the respondents contended that there are no infirmities in the impugned order of the Claims Tribunal and the quantum of compensation awarded by the Claims Tribunal is not excessive and does not require any reduction or modification by this Court.