RAMASAMY Vs. M PALANISAMY

JUDGEMENT

(1.) THIS appeal is filed by the claimants against the grant of lesser compensation for the loss of life of their son who died in the motor vehicle accident, in M.C.O.P.No.889 of 2001 on the file of the Motor Accidents Claims Tribunal, Salem (In the Court of Principal District Judge), Salem dated 18.04.2002.

(2.) ON 06.06.2001, at about 4.15 a.m., the deceased Sekar was travelling in the Taras lorry bearing Registration No.TN 28F 7833 on the Karur to Dindigul Road. The lorry bearing Registration NO.TN 28F 6814 was parked on the left side of the road. At that time, the driver of the lorry TN 28F 7833 drove the lorry in a rash and negligent manner and dashed against the back side of the parked lorry. As a result of the accident, the deceased sustained injury and died in the lorry itself. The age of the decesed at the time of accident was 20. He was a Cleaner in Taras lorry and he was earning a sum of RS.5,000/- per month. The claimants claimed a sum of Rs.5,00,000/- towards compensation for the loss of life of their son.

(3.) THE learned counsel for the second respondent would contend that the accident was denied and the vehicle bearing No.TN 28 F 7833 in which the deceased was travelling as Cleaner and the another vehicle bearing registration No.TN 28 F.6814 were collided with each other and the Driver of the lorry bearing registration No.TN 28F7833 did not possess valid licence at the time of accident and therefore, the Insurance Company is not liable to pay compensation to the claimants.