SASIKALA Vs. SUBRAMANIAN

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 15.09.2012 made in MCOP.No.151 of 2010 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Court(FTC), Tirupattur, Vellore District, the petitioners/ claimants has come forward with this present appeal to enhanced the award amount.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 13.05.2007, at about 18.00 hours, while the deceased was proceeding in Maruthi Van bearing Registration No.TN-23-B-9606, from Yelagiri Hills to Ambur, near 9th bend in the Yelagiri Hills, the driver lost control, dashed against the rock resulting in grievous injuries to the deceased Mounth Reddy who died on the spot itself. The accident occurred due to the negligence of Maruthi Van driver only. The said Maruthi Van belongs to the first respondent and the same was insured with the second respondent. At the time of accident, the deceased was aged about 33 years and working as Software Service Provider was earing a sum of Rs.25,000/- per month. The petitioners who are the wife, children and mother of the deceased were dependents on the earning of the deceased. Hence, they sought for a sum of Rs.20,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.