S KALAIVANI Vs. T RAJAKUMAR

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the Tribunal, dated 07.06.2012 made in MCOP.No.723 of 2009 on the file of the Motor Accident Claims Tribunal/Additional District Judge and Special Judge for EC Act Cases, Salem, the petitioners/claimants have come forward with this present appeal seeking to 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 17.02.2008 at about 07.30 a.m., the deceased was travelling as pillion rider in a Motor cycle bearing Registration No.TN-09-AH-2048, near Kattiampandal bridge in Uthiramerur, due to the rash and negligent driving of the two wheeler by its rider Rajulu, the two wheeler dashed against the tree on the road side resulting in the death of both the persons. The accident occurred only due to the rash and negligent driving by the two wheeler rider only. As the owner and insurer of the vehicle, the respondents are liable to pay compensation. The deceased was aged about 22 years at the time of accident and the petitioners are his parents. The deceased was P.G. student and if he has lived, he would have earned lot of money and taken care of his parents/the petitioners herein. Hence, the petitioners sought for a sum of Rs.20,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.