CHITRA & ORS. Vs. J. SIVAKUMAR & ANR.

JUDGEMENT

(1.) This Memorandum of Appeal is preferred by the petitioners in M.C.O.P. No. 344/2011, being unsatisfied with the award passed by Tribunal vide its order dated 15.07.2015.

(2.) The appellants are the wife, mother and father of one Mohan, who died in the Motor Accident occurred on 13.10.2011 at Four Road Crossing, Vridhachalam Bazaar. Claim petition for Rs. 90,00,000/- was filed on the premises that a lorry bearing Registration Number TN 28 AJ 8051 driven rash and negligently dashed against a motor cycle bearing Registration Number TN 31 AS 5029 stationed by Mohan and ran over him, thereby causing his instant death. The deceased Mohan was the only earning member of the family. He was employed abroad earning monthly income of Rs. 90,000/- per month and was on deputation in India during the time of this incident. The first and second respondents are the owner and the insurer of the offending lorry. Considering the present income of the deceased Mohan, his future prospect, loss of love and affection, consortium and other losses, a sum of Rs. 90,00,000/- sought as compensation.

(3.) The first respondent, who is the owner-cum-diver of the lorry, disputed the contention of the petitioners/appellants through his counter statement, alleging that the accident occurred only due to rash and negligent driving of the deceased Mohan. He had no license to drive the motor vehicle. He drove his Hero Honda Splendor in a rash and negligent manner and hit the lorry. Non-joinder of the owner of the two wheeler and its Insurance Company negates the claim petition. The alleged age and income of the deceased Mohan are denied and the compensation claimed is very excessive.