KARPAGAVALLI Vs. S R GANI

JUDGEMENT

(1.) The claimants are the appellants. The claimants are aggrieved by the grant of compensation of Rs.66,000/- awarded by the Motor Accidents Claims Tribunal, Chief Court of Small Causes, Madras in M.C.O.P. No.1362 of 2004 as against Rs.4,00,000/- claimed in the claim petition for the death of Krishnamurthy Achari in the accident that took place on 22.11.2003.

(2.) The brief facts of the case is that on 22.11.2003 at about 6.00 am when the deceased Krishnamurthy Achari was standing in the G.S.T. Road, opposite to Chrompet bus stop, the lorry bearing Registration No.TN 04A-5510 was driven by its driver in a rash and negligent manner and hit against the deceased. In the impact, the deceased died on the spot. At the time of accident, the deceased was aged 66 years, working as a Carpenter and earning Rs.200/- per day. Therefore, for the death of the deceased, the claimants, who are wife and five children of the deceased, have claimed a compensation of Rs.4,00,000/-.

(3.) The insurance company resisted the claim petition by filing a counter before the court below specifically disputing the occupation and earning capacity of the deceased. It was also contended that the accident did not occur as projected by the claimants in the claim petition.