NARAYANASAMY Vs. D MUNIAPPAN

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants against the order of the Tribunal in passing an award for a sum of Rs.1 lakh against the claim of Rs.2,50,000/-, for enhancement of the compensation.

(2.) ON 24.8.1995 at 06.30 a.m., when the deceased was riding his bicycle near Panchayat Union School in Melpunjai village, the lorry belonging to the second respondent bearing Registration No.TNE 5792 which was driven in a rash and negligent manner by the first respondent, suddenly turned near Panchayat Union School and dashed against the deceased bicycle and committed the accident, thereby the deceased died on the spot. At the time of accident, the deceased was only 20 years old and was hale and healthy. The deceased was very active and hard worker to develop his family by doing mason work. The deceased was the only son for his family. He came to the Pachal village for the building construction work taken up by him. He has taken many sub contract works in Tirupattur in his native place. He was earning more than Rs.2000/- per month and was maintaining his family. The claimants, who are the parents of the deceased claimed Rs.2,50,000/- as compensation. The respondent Corporation had stated that the accident had occurred only due to the carelessness of the deceased and not due to the driver of the lorry. The Tribunal after considering the facts and circumstances of the case, framed the following issue : What is the amount of compensation the claimants are entitled to"

(3.) THE claimants have filed their claim petition for grant of compensation of Rs.2,50,000/- for the loss of their beloved son in a motor accident which happened on 24.8.1994 at Melpunjai village and the accident had happened due to the rash and negligent driving of the lorry belonging to the second respondent by the first respondent which dashed against him and due to the accident, the son of the claimants namely, Kumaresan aged about 20 years died on the spot. THE Tribunal had examined P.Ws.1 and 2 and admitted Exs.P1 to P8 on the side of the claimants and had awarded a sum of Rs.1 lakh with interest at 12% per annum against the claim of Rs.2,50,000/-.