KAVIARASI Vs. ILANGOVAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the claimants aggrieved over the quantum of compensation of Rs.10,62,005/- awarded for the death of one Ilayaraja @ Ilayakavi, husband of the 1st appellant/father of the 2nd appellant/son of the 3rd appellant, aged about 25 years, alleged to be working as Film Director and Building Civil Contractor, earning Rs.10,000/- per month, in the accident, which occurred on 11.10.2011, when the deceased, who was riding a motor cycle at Periyapalayam to Tamaraipakkam Road, was hit down by a lorry, belonging to the 1st respondent and insured with the 2nd respondent Insurance Company, coming in the opposite direction, driven rashly and negligently.

(2.) The Tribunal found that the accident occurred because of the rash and negligent driving by both the deceased and the driver of the lorry and fixed the contributory negligence in the ratio 5:95 and awarded a sum of Rs.10,62,005/-.

(3.) Heard Mts. Salim Fathima, learned counsel for the appellants and Mrs.R. Sreevidya, learned counsel for the 2nd respondent Insurance Company.