NACHAMMAL Vs. SADASIVAM

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.1,63,000/- awarded by the Tribunal for the death of the deceased Thangavel in a road traffic accident on 12.09.1998 wife, children and mother of the deceased have filed this Appeal seeking enhancement of compensation.

(2.) BRIEF facts which are relevant for disposal of this Appeal are as follows:-On 12.9.1998 - 7.30 P.M. the deceased Thangavel was riding his bi-cycle from west to east near Chennimalai Police Station on the left side of the road. At that time, the lorry bearing registration No.KA-01-A 2057 coming from behind in a rash and negligent manner dashed against the deceased and the deceased was thrown off and sustained grievous injuries and died on the spot. At the time of accident, the deceased was 45 years old and he was running a tea stall and he was owning 10 hand looms. He was also doing agriculture by owning 5 acres of land by doing personal cultivation. Alleging that the accident was due to rash and negligent driving of the lorry, Claimants have filed Petition claiming compensation of Rs.8,00,000/-

(3.) THE learned counsel Mr. N.Manokaran, appearing for the Appellants has submitted that the deceased was running hand looms and tea shop and also doing agriculture and while so, the Tribunal erred in taking the monthly income at Rs.1,500/- which is very much on the lower side. It was further submitted that the Claimant had examined P.W.2, the Manager of Ammapalaym Co-operative Weavers Society and marked Ex.P.12 and while so, the Tribunal has brushed aside the same and awarded very low compensation of Rs.1,63,000/- THE learned counsel for the Appellants prayed for enhancement of compensation.