J JOTHI Vs. PRATHABAN

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 03.07.2013 made in MCOP.No.2735 of 2009 on the file of the Motor Accident Claims Tribunal/IV Judge, Small Causes Court, Chennai, the present appeal has been filed by the petitioners/claimants for enhancement of 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 30.06.2009 at about 15.45 hours, while the deceased was riding his two wheeler bearing Registration No.TN-20-U-8744 from south to north in the Ennore Express Road, while going near Pathitinar Koil, the first respondent's Lorry bearing Registration No.TN-59-K-8034, which came at high speed, driven in a rash and negligent manner from behind, dashed on the two wheeler of the deceased causing him fatal injuries, resulting in his death. The accident occurred only due to the negligence of the respondent lorry which was insured with the second respondent. The deceased who was aged about 31 years, was earning a sum of Rs.16,000/- per month from his own business. The petitioners, who are the wife and children of the deceased were dependents on the earnings of the deceased/husband/father. Due to the sudden demise of the deceased/husband/father, the petitioners have lost the bread winner of the family. Thus, the petitioner sought for a sum of Rs.20,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.